Bill 87, Protecting Patients Act, 2017

Versions

This
Explanatory Note was written as a reader's aid to Bill 87 and does not form
part of the law.
Bill 87 has been enacted as Chapter 11 of the Statutes of Ontario, 2017.

Schedule
1
Drug and pharmacies regulation act

Various
amendments are made to the Drug and Pharmacies Regulation
Act, including amendments to facilitate implementation of interim orders
regarding suspensions and the imposition of terms, conditions and limitations.

SCHEDULE
2
Immunization of School Pupils Act

The
Immunization of School Pupils Act is amended:

1. To
require parents to complete an immunization education session before filing a
statement of conscience or religious belief.

2. To
expand the categories of persons who may provide statements regarding the
administration of immunizing agents.

3. To
require those who administer immunizing agents to provide information to the
local medical officer of health.

SCHEDULE
3
Laboratory and Specimen Collection Centre Licensing Act

A
number of amendments are made to the Laboratory and Specimen
Collection Centre Licensing Act. Among them:

1. The
two categories of "laboratory" and "specimen collection centre" are both
provided for under the new term "laboratory facility", and the licensing
provisions of the Act are amended accordingly.

2. Provision
is made for the emergency suspension of licences.

3. The
transfer of licences is provided for.

4. The
powers of inspectors under the Act are revised.

5. The
collection, use and disclosure of personal information by the Ministry is
provided for.

6. Revisions
are made concerning the prosecution of offences under the Act.

The
Animals for Research Act is amended to correct a
cross-reference.

The
Health Insurance Act is amended to permit the
Minister to enter into arrangements for the payment of remuneration to health
facilities rendering insured services to insured persons on a basis other than
fee for service, in addition to physicians and practitioners.

The
Public Hospitals Act is amended to permit the Minister
to designate hospitals to provide community laboratory services.

SCHEDULE
4
Ontario Drug Benefit Act

The
Ontario Drug Benefit Act is amended to add new
definitions for an "authorized prescriber" and a "registered nurse in the
extended class". Several amendments are made throughout the Act to accommodate
prescriptions by authorized prescribers. A reference to a repealed Act is removed.

The
Act is also amended to allow regulations to incorporate other documents by
reference as they are amended from time to time after the regulation is made.

SCHEDULE
5
Regulated Health Professions Act, 1991

The
Regulated Health Professions Act, 1991 and its
Health Professions Procedural Code are amended. Among the changes:

1. The
purposes for which the Minister may require a College to collect information
from members under section 36.1 of the Act are expanded to include health human
resources research.

2. The
Minister is given the power to make regulations respecting College committees
and panels.

3. The
matters that a College is required to note in its register are expanded.

4. For
the purposes of the sexual abuse provisions of the Code, the definition of
"patient", without restricting the ordinary meaning of the term, is expanded to
include an individual who was a member's patient within the last year or within
such longer period of time as may be prescribed from the date on which they
ceased to be a patient, and an individual who is determined to be a patient in
accordance with the criteria set out in regulations.

5. The
Inquiries, Complaints and Reports Committee and its panels may make an order
for the interim suspension of a member's certificate of registration at any
time following the receipt of a complaint or after the appointment of an
investigator, instead of only when a matter is referred for discipline or
incapacity proceedings.

6. The
imposition of gender-based terms, conditions or limitations on a member's
certificate of registration is prohibited.

7. The
grounds for mandatory revocation of the certificate of registration of a member
who has sexually abused a patient are expanded, and suspension is made
mandatory in sexual abuse cases that do not involve conduct requiring mandatory
revocation.

8. Members
are required to report to the Registrar if they belong to professional bodies
outside Ontario, and if there has been a finding of professional misconduct or
incompetence against them by such a body.

9. Members
are required to report to the Registrar if they are charged with an offence,
and are required to provide information about bail conditions.

10. The
mandatory program for Colleges to provide funding for therapy and counselling
for patients who were sexually abused by members is expanded to apply to persons
who are alleged to have been sexually abused while a patient, and to provide
funding for other purposes provided for in regulations.

11. The
penalties for failing to report sexual abuse of patients are increased.

SCHEDULE
6
Seniors Active Living Centres Act, 2017

The
Elderly Persons Centres Act is repealed and
replaced with a new Act. Under the new Act, an operator that is not an individual
can obtain funding from the Minister Responsible for Seniors Affairs to
establish, maintain or operate a program if a director appointed by the
Minister approves both the operator and the program. The director approves a
program on being satisfied that its purpose is to promote active and healthy
living, social engagement and learning for persons who are primarily seniors by
providing them with activities and services.

If
the operator operates the program in a municipality, any one municipality is
required to make a contribution to the operator. If the operator operates the
program in a location that is not in a municipality, the regulations made under
the Act can prescribe what entities are required to make a contribution to the
operator.

There
is broad regulation-making power under the Act, including the power to make
regulations governing contributions.

Bill 87 2017

An Act to implement
health measures and measures relating to seniors by enacting, amending or
repealing various statutes

CONTENTS

1.

Contents
of this Act

2.

Commencement

3.

Short
title

Schedule
1

Drug
and Pharmacies Regulation Act

Schedule
2

Immunization
of School Pupils Act

Schedule
3

Laboratory
and Specimen Collection Centre Licensing Act

Schedule
4

Ontario
Drug Benefit Act

Schedule
5

Regulated
Health Professions Act, 1991

Schedule
6

Seniors
Active Living Centres Act, 2017

Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:

Contents
of this Act

1
This Act consists of this section, sections 2 and 3 and the Schedules to this
Act.

Commencement

2
(1) Subject to subsections (2) and (3), this Act comes into force on
the day it receives Royal Assent.

(2) The
Schedules to this Act come into force as provided in each Schedule.

(3) If
a Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at
different times with respect to any of those provisions.

Short
title

3
The short title of this Act is the Protecting Patients Act,
2017.

Schedule
1
Drug and Pharmacies Regulation Act

1
The definition of "registered pharmacy student" in subsection 1 (1) of the Drug and Pharmacies Regulation Act is repealed and the following substituted:

"intern
technician" means a person registered as an intern technician under the Pharmacy
Act, 1991;

2
Subsections 139 (5) of the Act is amended by adding the following paragraph:

3. Subsections
17 (2) and (3).

3
(1) Subsection 140 (2) of the Act is amended by striking out
"interim orders where such allegations are referred to the Committee".

(2) Section
140 of the Act is amended by adding the following subsections:

Interim
order

(2.0.1) The
Accreditation Committee may at any time make an interim order directing the
Registrar to suspend, or to impose terms, conditions or limitations on, a
certificate of accreditation, if it is of the opinion that the conduct or
operation of a pharmacy is likely to expose a patient, or a member of the
public, to harm or injury.

Procedure

(2.0.2) The
provisions of the Health Professions Procedural Code dealing with interim
suspension orders made by the Inquiries, Complaints and Reports Committee or a
panel of the Committee apply, with necessary modifications, to interim
suspension orders made by the Accreditation Committee under subsection (2.0.1).

(3) Subsection
140 (2.1) of the Act is amended by striking out "section 37" and substituting
"section 25.4".

4
(1) Clause 149 (1) (c) of the Act is amended by striking out "a
registered pharmacy student" at the beginning and substituting "a student who
is in the course of fulfilling the educational requirements to become a member
of the College".

(2) Clause
149 (1) (d) of the Act is amended by adding "or an intern technician" after "a
pharmacy technician".

(3) Subsection
149 (3) of the Act is repealed and the following substituted:

Remote
dispensing locations

(3) Despite
clause (1) (d), a pharmacy technician may compound, dispense or sell a drug in
a remote dispensing location without a pharmacist being physically present to
supervise, as long as a pharmacist is actively supervising the pharmacy
technician and,

(a) a
certificate of accreditation has been issued permitting the operation of the remote
dispensing location; and

(b) the
remote dispensing location is operated in accordance with the regulations.

5
Subsection 156 (2) of the Act is amended by striking out "two years" at the end
and substituting "ten years".

6
This Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.

SCHEDULE
2
Immunization of School Pupils Act

1
(1) Section 1 of the Immunization of School Pupils
Act is amended by adding the following definition:

"nurse"
means a member of the College of Nurses of Ontario; ("infirmière ou infirmier")

(2) The
definition of "physician" in section 1 of the Act is repealed and the following
substituted:

"physician"
means a member of the College of Physicians and Surgeons of Ontario;
("médecin")

2
Subsections 3 (3) and (4) of the Act are repealed and the following
substituted:

Same,
statement of conscience or religious belief

(3) Subsection
(1) does not apply to a parent who has completed an immunization education
session with a medical officer of health or with a medical officer of health's
delegate that complies with the prescribed requirements, if any, and who has
filed a statement of conscience or religious belief with the proper medical
officer of health.

Transitional

(4) Subsection
(1) does not apply to a parent who, before the coming into force of section 2
of Schedule 2 to the Protecting Patients Act, 2017,
filed a statement of conscience or religious belief with the proper medical
officer of health.

3
Clause 6 (2) (a) of the Act is repealed and the following substituted:

(a) that
the medical officer of health has not received,

(i) a
statement from a physician, nurseor prescribed personshowing
that the pupil has completed the prescribed program of immunization in relation
to the designated diseases,

(ii) an
unexpired statement of medical exemption in respect of the pupil, or

(iii) a
statement of conscience or religious belief in respect of the pupil and
confirmation that the parent has completed the education session described in
subsection 3 (3); and

4
Section 10 of the Act is repealed and the following substituted:

Statements
by providers of immunizing agents

10
(1) Every
physician, nurse or prescribed person who administers an immunizing agent to a
child in relation to a designated disease shall provide to a parent of the
child a statement that shows that the immunizing agent has been administered.

Information
for M.O.H.

(2) Every
physician, nurse or prescribed person who administers an immunizing agent to a
child in relation to a designated disease shall provide the prescribed
information to the medical officer of health for the public health unit in
which the immunizing agent was administered.

5
Subclause 12 (2) (b) (i) of the Act is repealed and the following substituted:

(i) either
a statement from a physician, nurse or prescribed person showing that the pupil
has completed the prescribed program of immunization in relation to the
designated disease or other information satisfying the medical officer of
health that the pupil has completed the prescribed program, or

6
Subsection 17 (1) of the Act is amended by adding the following clause:

(f.1) respecting
and governing the information described in subsection 10 (2), including,
without being limited to, specifying one or more methods by which the
information is to be provided, and requiring the information to be provided by
such a method;

Commencement

7
This Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.

SCHEDULE 3
Laboratory and Specimen Collection Centre Licensing Act

1
(1) Clause (a) of the definition of "laboratory" in section 5 of the
Laboratory and Specimen Collection Centre Licensing Act
is amended by striking out "prophylaxis" and substituting "prevention".

(2) Section
5 of the Act is amended by adding the following definition:

"laboratory
facility" means a laboratory or a specimen collection centre; ("centre de
laboratoire")

(3) The
definition of "operator" in section 5 of the Act is repealed and the following
substituted:

"operator"
means a person having charge or control of a laboratory facility;
("exploitant")

(4) Section
5 of the Act is amended by adding the following definition:

"personal
information" includes personal information as defined in the Freedom of Information and Protection of Privacy Act and
personal health information as defined in the Personal Health
Information Protection Act, 2004; ("renseignements personnels")

(5) The
definition of "specimen collection centre" in section 5 of the Act is amended
by striking out "prophylaxis" in the portion before clause (a) and substituting
"prevention".

(6) Clauses
(a) to (d) of the definition of "specimen collection centre" in section 5 of
the Act are repealed.

2
Section 9 of the Act is repealed and the following substituted:

Licence
required

9
(1) No
person shall establish, operate or maintain a laboratory facility except under
the authority of a licence issued by the Director under this Act.

Issuing
licences

(2) The
Director may issue a licence for a laboratory facility to,

(a) perform
one or more classes of tests specified in the licence;

(b) perform
tests specified in the licence within one or more classes of tests;

(c) take
or collect specimens or one or more classes of specimens specified in the
licence; or

(d) take
or collect specimens specified in the licence within one or more classes of
specimens.

Conditions

(3) A
licence is subject to the conditions, if any, specified by the Director in the
licence.

Issuance
of licence

(4) Subject
to subsection (10), any person who applies in accordance with this Act and the
regulations for a licence to establish, operate or maintain a laboratory facility
and who meets the requirements of this Act and the regulations and who pays the
prescribed fee is entitled to be issued the licence.

Where
proposal not in public interest, issuance of licence

(5) Despite
subsection (4), the following applies where an application is made for a
licence and the Minister states in writing to the Director that it is not in
the public interest to issue a licence to establish, operate or maintain the
laboratory facility in the area where the applicant proposes to establish,
operate or maintain the laboratory facility:

1. Section
11 does not apply.

2. The
Director shall not issue the licence to the applicant.

3. The
Director shall give written notice to the applicant of the refusal and of the
Minister's statement.

Where
proposal not in public interest, tests, specimens, etc.

(6) Despite
subsection (4), where an application is made for a licence and the Minister
states in writing to the Director that it is not in the public interest to
issue a licence, either,

(a) in
the case of a laboratory, for any classes of tests or any of the tests within a
class or classes of tests in respect of which the application is made; or

(b) in
the case of a specimen collection centre, to take or collect any specimens or
class or classes of specimens in respect of which the application is made:

then,

(c) sections
10 and 11 do not apply;

(d) where
the Director issues a licence to the applicant upon the application, the
Director shall give written notice to the applicant of the Minister's
statement; and

(e) the
licence shall not be for the classes of tests or the tests within a class or
classes of tests or for taking or collecting the specimens or class or classes
of specimens that are set out in the Minister's statement.

Matters
to be considered by Minister

(7) In
making a decision as to what is in the public interest for the purposes of
subsection (5) or (6), the Minister may consider any matter the Minister
regards as relevant, including, without being limited to,

(a) the
number and type of laboratory facilities that operate under the authority of
licences issued under this Act,

(i) in
the area, or

(ii) in
the area and any other area;

(b) the
tests and classes of tests performed or the specimens or class or classes of
specimens taken or collected in the laboratory facilities,

(i) in
the area, or

(ii) in
the area and any other area;

(c) the
utilization of existing laboratory facilities and their capacity to handle
increased volume;

(d) the
availability of facilities for the transportation of persons and specimens to
laboratory facilities,

(i) in
the area, or

(ii) in
the area and any other area; or

(e) the
funds available to provide payment for laboratory tests that are insured
services under the Health Insurance Act.

Blood
collection facilities

(8) Despite
subsection (4), where an application is made for a licence to establish,
operate or maintain a laboratory facility which will operate as a blood
collection facility within the meaning of the Voluntary
Blood Donations Act, 2014 and the Minister states in writing to the
Director that it is not in the public interest to issue such a licence, section
11 shall not apply and the Director shall not issue the licence to the
applicant and shall give written notice to the applicant of the refusal and of
the Minister's statement.

Same

(9) In
making a decision in the public interest in subsection (8), the Minister may
consider any matter the Minister regards as relevant, including, without being
limited to, the principles set out in the Voluntary Blood
Donations Act, 2014.

Grounds
for refusal

(10) Subject
to section 11, the Director may refuse to issue a licence where in the
Director's opinion,

(a) the
past conduct of the applicant or, where the applicant is a corporation, of its
officers or directors affords reasonable grounds for belief that the laboratory
facility will not be operated in accordance with the law and with honesty and integrity;

(b) the
proposed laboratory facility or its operation would contravene this Act or the
regulations or any other Act or regulation or any municipal by-law respecting
its establishment or location;

(c) the
applicant is not competent to operate a laboratory facility in accordance with
this Act and the regulations;

(d) the
equipment and premises are not suitable for the performance of the tests or the
taking or collecting of the specimens for which the licence is sought; or

(e) any
other ground for refusal that is prescribed in the regulations exists.

Provisional
licence

(11) Where
the applicant for a licence does not meet all the requirements for issuance of
the licence and requires time to meet such requirements, the Director may issue
a provisional licence for the laboratory facility.

Expiration
and renewal of provisional licence

(12) A
provisional licence expires on the date specified on the licence, which shall
not be later than 12 months after the date of its issue, but the provisional
licence may be renewed for one further period of no more than 12 months where,
in the opinion of the Director, sufficient progress in complying with the
requirements for issuance of a licence has been made.

Expiration
and renewal of licence

(13) A
licence that is not a provisional licence expires on the date specified on the licence,
which shall not be later than five years from the date of its issue or renewal.
A renewal shall be issued where the applicant is not disqualified under subsection
(20).

Transitional

(14) Despite
subsections (12) and (13), a licence or provisional licence that is in
existence immediately before section 2 of Schedule 3 to the Protecting Patients Act, 2017 comes into force expires
when it would have otherwise expired.

Stay
of refusal to renew

(15) Where
the Director refuses to renew a licence, the laboratory facility shall be
deemed to continue to be licensed until an order is made by the Review Board or
until the time for requiring a hearing by the Review Board expires, whichever occurs
first.

Operator
to be named in licence

(16) It
is a condition of a licence that the operation of the laboratory facility be
under the charge and control of the operator named in the licence as operator
and that the ownership of the laboratory facility be only in the person or
persons named in the licence as owners.

Conditions
re quality management

(17) It
is a condition of a licence for a laboratory facility that,

(a) the
operation of the laboratory facility meet the requirements of a quality
management program;

(b) the
owner and the operator of the laboratory facility permit an agency designated
in the regulations to carry out a quality management program; and

(c) the
owner of the laboratory facility pay the fees for an assessment under a quality
management program, if any, that are prescribed by the regulations or
established by an agency designated in the regulations.

Failure
to meet program requirements

(18) Where
an agency designated in the regulations to carry out a quality management
program reports to the Director that the operation of a laboratory facility
does not meet the requirements of the program, the Director may impose any
conditions upon the laboratory facility's licence that the Director considers
necessary or advisable in order that the health of the public be protected.

Notice
of changes

(19) Where
the operator or the owner named in the licence is a corporation, the
corporation shall notify the Director in writing within 15 days of any change
in the officers or directors of the corporation.

Revocation,
suspension, renewal refusal

(20) The
Director may revoke, suspend or refuse to renew a licence where,

(a) any
person has made a false statement in the application for the licence or its
renewal or in any report, document or other information required to be
furnished by this Act or the regulations or any other Act or regulation that
applies to the laboratory facility;

(b) any
test authorized by the licence is incompetently performed;

(c) any
specimen taking or collecting authorized by the licence is incompetently
carried out;

(d) there
is a breach of a condition of the licence;

(e) the
owner or the operator does not comply with this Act or the regulations or any
other Act or law relevant to the operation or maintenance of a laboratory
facility;

(f) the
services that can be provided by the laboratory facility are misrepresented;

(g) a
change in the officers or directors of any corporation which is an operator or
owner of a laboratory facility named in the licence would afford grounds for
refusing to issue a licence under clause (10) (a); or

(h) any
other ground for revoking, suspending or refusing renewal that is prescribed in
the regulations exists.

Emergency
suspension

9.1
(1) If
the Director is of the opinion upon reasonable grounds that a laboratory
facility is being operated or will be operated in a manner that poses an
immediate threat to the health or safety of any person, the Director by a
written order may suspend the licence of the laboratory facility.

Order
effective immediately

(2) An
order under subsection (1) takes effect immediately upon notice of the order
being served on the licensee.

Notice
requiring hearing by Review Board

(3) The
Director shall deliver with the order under subsection (1) notice that the
licensee is entitled to a hearing by the Review Board if the licensee mails or
delivers, within 15 days after the notice is served on the licensee, notice in
writing requiring a hearing to the Director and the Review Board, and the
licensee may so require such a hearing.

Power
of Review Board where hearing

(4) Section
11 applies, with necessary modifications, to a suspension under subsection (1).

Service
of notice

(5) The
Director may serve notice of an order under subsection (1) by sending the
notice by any means that produces a paper record or by any other method of delivery
that is prescribed in the regulations.

Deemed
receipt

(6) If
the Director serves notice in a manner described in subsection (5), the
licensee shall be deemed to have received the notice on the day it is sent.

No
stay

(7) Despite
section 25 of the Statutory Powers Procedure Act, a
request for a hearing by the Board made in accordance with subsection (3) of
this section or an appeal to Divisional Court of the Review Board's decision
under section 13 does not operate as a stay of a suspension of a licence ordered
under subsection (1) of this section.

No
interim order to stay

(8) Despite
section 16.1 of the Statutory Powers Procedure Act,
the Review Board shall not make an interim order to stay the suspension of a
licence ordered under subsection (1) of this section.

Powers
are additional

(9) For
greater certainty, the powers of the Director under this section are in
addition to, and not in place of, the powers of the Minister under the Health Facilities Special Orders Act.

Transfer
of licence

9.2
(1) A
licence issued under this Act is not transferrable without the consent of the
Director.

How
dealt with

(2) In
deciding whether to consent to the transfer of a licence, the Director shall
treat the proposed transferee of the licence as if the proposed transferee were
an applicant for a licence and, for the purpose, section 9 applies with
necessary modifications.

Limitations
and conditions

(3) In
consenting to the transfer of a licence, the Director may attach to the licence
such conditions as the Director considers necessary in the circumstances.

3
Subsection 11 (1) of the Act is repealed and the following substituted:

Proposal
to refuse to issue, suspend, revoke or impose condition

(1) Where
the Director proposes to suspend, revoke or to refuse to issue or renew a
licence or to impose a condition on an existing licence under this Act, the
Director shall serve notice of the proposal, together with written reasons, on
the applicant in the case of a proposal to refuse to issue or renew the licence
and on the owner and operator in the case of a proposal to suspend, revoke or
to impose a condition on the licence.

4
Section 15 of the Act is repealed.

5
Section 16 of the Act is repealed and the following substituted:

Appointment
of inspectors

16
(1) The
Minister may appoint, in writing, one or more persons as inspectors for the
purposes of this Act and the regulations.

Certificate
of appointment

(2) The
Minister shall issue every inspector appointed under subsection (1) a
certificate of appointment and every inspector, in the execution of his or her
duties under this section and the regulations, shall produce the certificate of
appointment upon request.

Director
is an inspector

(3) The
Director is an inspector by virtue of office, and when acting as an inspector
shall, on request, produce evidence of being appointed as Director instead of
the certificate of appointment required under subsection (2).

Inspections

(4) For
the purpose of determining whether this Act and the regulations are being
complied with, an inspector may, without a warrant, enter and inspect,

(a) a
licensed laboratory facility;

(b) any
business premises of a company that owns or operates one or more licensed
laboratory facilities; and

(c) any
place that the Director reasonably believes is being operated as a laboratory
facility without a licence.

Time
of entry

(5) The
power under this section to enter and inspect without a warrant may be
exercised only during the regular business hours of the laboratory facility,
business premises or place.

Dwellings

(6) The
power to enter and inspect under this section shall not be exercised to enter
and inspect a place or a part of a place that is used as a dwelling.

Use
of force

(7) An
inspector is not entitled to use force to enter and inspect a laboratory facility,
business premises or place.

Powers
of inspector

(8) An
inspector conducting an inspection may,

(a) examine
records or anything else that is relevant to the inspection;

(b) demand
the production of a record or any other thing that is relevant to the
inspection;

(c) remove
a record or any other thing that is relevant to the inspection for review,
examination or testing;

(d) remove
a record or any other thing that is relevant to the inspection for copying;

(e) in
order to produce a record in readable form, use data storage, information
processing or retrieval devices or systems that are normally used in carrying
on business in the place;

(f) take
photographs or make any other kind of recording; and

(g) question
a person on matters relevant to the inspection.

Written
demand

(9) A
demand under this section that a record or any other thing be produced must be
in writing and must include a statement of the nature of the record or thing required.

Obligation
to produce and assist

(10) If
an inspector demands that a record or any other thing be produced under this
section, the person who has custody of the record or thing shall produce it
and, in the case of a record, shall on request provide any assistance that is
reasonably necessary to interpret the record or to produce it in a readable
form.

Records
and things removed from place

(11) A
record or other thing that has been removed for review, examination, testing or
copying,

(a) shall
be made available to the person from whom it was removed on request and at a
time and place that are convenient for the person and for the inspector; and

(b) shall
be returned to the person within a reasonable time, unless, in the case of a
thing that has been subject to testing, the thing has been made unsuitable for
return as a result of the testing.

Copy
admissible in evidence

(12) A
copy of a record or other thing that purports to be certified by an inspector
as being a true copy of the original is admissible in evidence to the same
extent as the original and has the same evidentiary value.

Obstruction

(13) No
person shall hinder, obstruct or interfere with or attempt to hinder, obstruct
or interfere with an inspector conducting an inspection, refuse to answer
questions on matters relevant to the inspection or provide the inspector with
false information on matters relevant to the inspection.

Personal
information in records

(14) For
greater certainty, a reference to a record in this section includes a record
that contains personal information.

6
The Act is amended by adding the following section:

Personal
information

17.1
(1) The
Ministry may directly or indirectly collect personal information for purposes
related to the administration or enforcement of this Act, subject to any
requirements or conditions provided for in the regulations.

Use
of personal information

(2) The
Ministry may use personal information for purposes related to the
administration or enforcement of this Act, subject to any requirements or
conditions provided for in the regulations.

Disclosure
of personal information

(3) The
Ministry may disclose personal information for purposes related to the
administration or enforcement of this Act, subject to any requirements or
conditions provided for in the regulations.

Personal
health information not to be used for administration

(4) Despite
the definition of "personal information" in section 5, "personal information"
for purposes related to the administration of this Act does not include
personal health information as defined in the Personal
Health Information Protection Act, 2004.

7
Section 18 of the Act is repealed and the following substituted:

Regulations

18
(1) The
Lieutenant Governor in Council may make regulations for carrying out the
purposes and provisions of this Act.

Same

(2) Without
restricting the generality of subsection (1), the Lieutenant Governor in
Council may make regulations,

(a) providing
for the issuance and renewal of licences and provisional licences and
prescribing their terms and conditions;

(b) excluding
institutions, buildings or places from the definitions of "laboratory" and
"specimen collection centre" in section 5, and providing for additional
institutions, buildings or places that are laboratories and specimen collection
centres for the purposes of those definitions;

(c) prescribing
examinations for the purpose of the definition of "laboratory" in section 5;

(d) prescribing
grounds for the purposes of subsections 9 (10) and 9 (20);

(e) prescribing
classes of tests for the purposes of this Act and the regulations;

(f) respecting
the officers and employees of laboratory facilities and prescribing their
duties, responsibilities and qualifications;

(g) prescribing
the classes of persons who may perform tests in a laboratory;

(h) prescribing
the classes of persons who may take or collect specimens in a specimen
collection centre;

(i) prescribing
classes of persons who shall not be owners of laboratory facilities or of any
interest in a laboratory facility;

(j) respecting
the management and operation of laboratory facilities;

(k) requiring
laboratory facilities to keep any records and make any reports that are
prescribed;

(l) respecting
and governing the promotion and advertising of laboratory facilities;

(m) prescribing
fees for licences, provisional licences and renewals and for laboratory
services performed by the Ministry;

(n) exempting
laboratory facilities or any class of laboratory facilities or any class of
persons from the application of any provision of this Act or the regulations;

(o) prescribing
tests to which this Act does not apply;

(p) prescribing
other duties and powers of the Director and the Review Board, including the
approval of educational qualifications of officers and employees of laboratory
facilities;

(q) instituting
a system for the payment by the Province of all or any part of the annual
expenditures of laboratories in lieu of amounts payable under the Health Insurance Act;

(r) prescribing
fees for assessments under a quality management program;

(s) designating
an agency or agencies to carry out a quality management program, and permitting
the agency or agencies to establish and charge fees for assessments under the
quality management program;

(t) requiring
an agency designated under clause (s) to submit reports to the Director, and
governing the contents of those reports;

(u) prescribing,
providing for and governing any other matter that this Act refers to as being
prescribed or provided for in the regulations.

8
Section 21 of the Act is repealed.

9
(1) Subsection 22 (3) of the Act is repealed and the following
substituted:

Directors,
officers, etc.

(3) Whether
or not a corporation has been convicted of an offence under subsection (1),
each director, officer, employee or agent of the corporation who authorized,
permitted, acquiesced in or participated in the commission of an offence by the
corporation under subsection (1) or failed to take reasonable care to prevent
the corporation from committing an offence under subsection (1) is a party to
and guilty of the offence, and on conviction is liable to the punishment
provided for under subsection (1).

(2) Section
22 of the Act is amended by adding the following subsections:

Provincial
Judge required

(5) The
Attorney General or an agent of the Attorney General may, by notice to the
clerk of the Ontario Court of Justice, require that a provincial judge preside
over a proceeding in respect of an offence under this Act.

Publication
re convictions

(6) If
a person is convicted of an offence under this Act, the Minister may publish or
otherwise make available to the general public the name of the person, a description
of the offence, the date of the conviction and the person's sentence.

Restraining
order not necessary

(7) A
person may be prosecuted under this section whether or not a restraining order
has been previously made with respect to the subject matter of the prosecution.

Certificates

(8) In
any prosecution or other proceeding under this Act, a certificate of an analyst
stating that the analyst has made an analysis of a sample and stating the
result of that analysis is evidence of the facts alleged in the certificate
without proof of the signature or the official character of the person
appearing to have signed the certificate.

Animals for Research Act

10
Subsection 20 (13) of the Animals for Research Act
is amended by striking out "the Laboratory and Specimen
Collection Centre Licensing Act" and substituting "the Health Protection and Promotion Act".

Health Insurance Act

11
Clause 2 (2) (a) of the Health Insurance Act is
amended by striking out "physicians and practitioners" and substituting
"physicians, practitioners and health facilities".

Public Hospitals Act

12
Section 1 of the Public Hospitals Act is amended by
adding the following definition:

"community
laboratory services" means the services of a laboratory or specimen collection
centre under the Laboratory and Specimen Collection Centre
Licensing Act that are provided by a hospital designated under subsection
22 (1) of this Act to persons who are neither in-patients nor out-patients; ("services
de laboratoire communautaire")

13
The Act is amended by adding the following section:

Community
laboratory services

22
(1) The
Minister may designate one or more hospitals to provide community laboratory
services.

Same

(2) A
hospital that is designated under subsection (1) may provide community
laboratory services, subject to any conditions, restrictions or requirements
that may be prescribed in the regulations.

14
Subsection 32 (1) of the Act is amended by adding the following clauses:

(c.1) prescribing
conditions, restrictions and requirements for the purposes of subsection 22
(2);

(c.2) providing
for provisions of this Act or the regulations that do not apply with respect to
community laboratory services provided by a hospital designated under
subsection 22 (1);

Commencement

15
(1) Subject to subsection (2), this Schedule comes into force on the
day the Protecting Patients Act, 2017 receives
Royal Assent.

(2) Sections
1 to 9 and 12 to 14 come into force on a day to be named by proclamation of the
Lieutenant Governor.

SCHEDULE 4
Ontario Drug Benefit Act

1
Subsection 1 (1) of the Ontario Drug Benefit Act is
amended by adding the following definitions:

"authorized
prescriber" means a physician, registered nurse in the extended class, a prescribed
person or a member of a prescribed class; (prescripteur autorisé)

2
Subsection 2 (2) of the Act is amended by striking out "the Family Benefits Act".

3
Subsections 9 (1) and (2) of the Act are amended by striking out "a physician"
wherever it appears and substituting in each case "an authorized prescriber".

4
Subsections 16 (1), (3) and (4) of the Act are repealed and the following
substituted:

Unlisted
drugs, special case

(1) If
an authorized prescriber informs the executive officer that the proper
treatment of a patient who is an eligible person requires the administration of
a drug for which there is not a listed drug product, the executive officer may
make this Act apply in respect of the supplying of that drug as if it were a
listed drug product by so notifying the prescriber.

.
. . . .

Listed
drugs, special case

(3) If
an authorized prescriber informs the executive officer that the proper
treatment of a patient who is an eligible person requires the administration of
a drug for which there are one or more listed drug products but for which the
conditions for payment under section 23 are not satisfied, the executive
officer may make this Act apply in respect of the supplying of those listed
drug products as if the conditions were satisfied.

Notice
to operator

(4) An
operator of a pharmacy is not liable for contravening this Act or the
regulations in respect of supplying a drug referred to in subsection (1) or a
listed drug product referred to in subsection (3) unless the operator has
received notice from the authorized prescriber or from the executive officer
that this Act applies to that supplying.

5
(1) Section 18 of the Act is amended by adding the following
subsection:

Authorized
prescribers

(1.1) The
Minister may make regulations prescribing persons or classes of persons for the
purpose of the definition of "authorized prescriber" in subsection 1 (1).

(2) Subsection
18 (8) of the Act is amended by adding "and the Minister shall not make any
regulation under subsection (1.1)" before "unless" in the portion before clause
(a).

(3) Subsection
18 (8) of the Act is amended by striking out "and" after clause (c) and by
repealing clause (d) and substituting the following:

(d) the
Minister has considered whatever comments and submissions that members of
the public have made on the proposed regulation in accordance with clause (9)
(b) or (c); and

(e) in
the case of regulations made by the Lieutenant Governor in Council, the
Minister has reported to the Lieutenant Governor in Council on what, if any,
changes to the proposed regulation the Minister considers appropriate.

(4) Section
18 of the Act is amended by adding the following subsection:

Discretion
to make regulations, Minister

(11.1) After considering the comments and submissions
mentioned in clause (8) (d), the Minister, without further notice under
subsection (8), may make the proposed regulation under subsection (1.1) with
the changes that the Minister considers appropriate, whether or not those
changes are mentioned in the comments and submissions.

(5) Subsection
18 (12) of the Act is amended by striking out "clause 8 (d)" and substituting
"clause 8 (e)".

(6) Section
18 of the Act is amended by adding the following subsection:

Rolling
incorporation

(16) A
regulation made under subsection (1) that incorporates another document by
reference may provide that the reference to the document includes amendments
made to the document from time to time after the regulation is made.

Commencement

6
This Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.

SCHEDULE 5
REGULATED HEALTH PROFESSIONS ACT, 1991

1
Subsection 1 (1) of the Regulated Health Professions Act,
1991 is amended by adding the following definition:

2
(1) Clause 36 (1) (d) of the Act is repealed and the following
substituted:

(d) as
may be required for the administration of the Drug
Interchangeability and Dispensing Fee Act, the Healing
Arts Radiation Protection Act, the Health Insurance
Act, the Health Protection and Promotion Act,
the Independent Health Facilities Act, the Laboratory and Specimen Collection Centre Licensing Act,
the Long-Term Care Homes Act, 2007, the Retirement Homes Act, 2010, the Ontario
Drug Benefit Act, the Coroners Act, the Controlled Drugs and Substances Act (Canada) and the Food and Drugs Act (Canada);

(2) Subsection
36 (1) of the Act is amended by striking out "or" at the end of clause (i), by
adding "or" at the end of clause (j) and by adding the following clause:

(k) to
the Minister in order to allow the Minister to determine,

(i) whether
the College is fulfilling its duties and carrying out its objects under this
Act, a health profession Act, the Drug and Pharmacies
Regulation Act or the Drug Interchangeability and
Dispensing Fee Act, or

(ii) whether
the Minister should exercise any power of the Minister under this Act, or any
Act mentioned in subclause (i).

(3) Section
36 of the Act is amended by adding the following subsection:

Restriction

(1.6) Information
disclosed to the Minister under clause (1) (k) shall only be used or disclosed
for the purpose for which it was provided to the Minister or for a consistent
purpose.

3
(1) Subsection 36.1 (1) of the Act is repealed and the following
substituted:

Collection
of personal information by College

(1) At
the request of the Minister, a College shall collect information directly from
members of the College as is reasonably necessary for the purpose of health
human resources planning or research.

(2) Subsections
36.1 (5) and (6) of the Act are repealed and the following substituted:

Use,
collection, disclosure and publication

(5) The
following applies to information collected under subsection (1):

1. The
information may only be used for the purposes set out under subsection (1).

2. The
Minister shall not collect personal information if other information will serve
the purposes set out under subsection (1).

3. The
Minister shall not collect more personal information than is necessary for the
purposes set out under subsection (1).

4. The
Minister may disclose the information only for the purposes set out in
subsection (1).

5. Reports
and other documents using information collected under this section may be
published for the purposes set out under subsection (1), and for those purposes
only, but personal information about a member of a College shall not be
included in those reports or documents.

(3) The
definition of "information" in subsection 36.1 (9) of the Act is repealed and
the following substituted:

"information"
includes personal information about members, but does not include personal
health information; ("renseignements")

(4) Subsection
36.1 (9) of the Act is amended by adding the following definition:

"research"
means the study of data and information in respect of health human resources
planning. ("recherche")

4
The definition of "personal health information" in subsection 36.2 (6) of the
Act is repealed.

5
(1) Subsection 43 (1) of the Act is amended by adding the following
clause:

(o) establishing
criteria for the definition of "patient" in relation to professional misconduct
involving the sexual abuse of a patient for the purposes of subsection 1 (3) of
the Code.

(2) Subsection
43 (1) of the Act is amended by adding the following clauses:

(p) respecting
the composition of committees that a College is required to have pursuant to
subsection 10 (1) of the Code and governing the relationship between such regulations
and the by-laws of the College;

(q) respecting
the qualification, selection, appointment and terms of office of members of
committees that a College is required to have pursuant to subsection 10 (1) of
the Code and governing the relationship between such regulations and the
by-laws of the College;

(r) prescribing
conditions that disqualify committee members from sitting on committees that a
College is required to have pursuant to subsection 10 (1) of the Code and
governing the removal of disqualified committee members and governing the
relationship between such regulations and the by-laws of the College;

(s) specifying
the composition of panels selected from amongst the members of the Registration
Committee, Inquiries, Complaints and Reports Committee, Discipline Committee
and Fitness to Practise Committee for the purposes of subsections 17 (2), 25
(2), 38 (2) and 64 (2) of the Code, and providing for quorum for such panels.

(3) Subsection
43 (1) of the Act is amended by adding the following clause:

(t) prescribing
additional information to be contained in a College's register for the purposes
of paragraph 19 of subsection 23 (2) of the Code and designating such
information as information subject to subsection 23 (13.1) of the Code.

(4) Subsection
43 (1) of the Act is amended by adding the following clauses:

(u) prescribing
conduct for the purposes of subparagraph 3 vii of subsection 51 (5) of the
Code;

(v) prescribing
offences for the purposes of clause 51 (5.2) (a) of the Code.

(5) Subsection
43 (1) of the Act is amended by adding the following clause:

(w) clarifying
how a College is required to perform its functions under sections 25 to 69 and
72 to 74 of the Code with respect to matters involving allegations of a
member's misconduct of a sexual nature, and providing for further functions and
duties that are not inconsistent with those functions.

(6) Subsection
43 (1) of the Act is amended by adding the following clause:

(x) prescribing
additional functions of the patient relations program for the purposes of subsection
84 (3.1) of the Code.

(7) Subsection
43 (1) of the Act is amended by adding the following clause:

(y) prescribing
additional purposes for which funding may be provided under the program which
Colleges are required to maintain under section 85.7 of the Code, and
prescribing additional persons or classes of persons to whom funding may be
paid for the purposes of subsection 85.7 (8) of the Code.

(8) Subsection
43 (1) of the Act is amended by adding the following clause:

6
Subsection 1 (6) of Schedule 2 to the Act is repealed and the following
substituted:

Definitions

(6) For
the purposes of subsections (3) and (5),

"patient",
without restricting the ordinary meaning of the term, includes,

(a) an
individual who was a member's patient within one year or such longer period of
time as may be prescribed from the date on which the individual ceased to be
the member's patient, and

(b) an
individual who is determined to be a patient in accordance with the criteria in
any regulations made under clause 43 (1) (o) of the Regulated
Health Professions Act, 1991; ("patient")

"spouse",
in relation to a member, means,

(a) a
person who is the member's spouse as defined in section 1 of the Family Law Act, or

(b) a
person who has lived with the member in a conjugal relationship outside of
marriage continuously for a period of not less than three years. ("conjoint")

7
Section 1.1 of Schedule 2 to the Act is repealed and the following substituted:

Statement
of purpose, sexual abuse provisions

1.1
The
purpose of the provisions of this Code with respect to sexual abuse of patients
by members is to encourage the reporting of such abuse, to provide funding for
therapy and counselling in connection with allegations of sexual abuse by
members and, ultimately, to eradicate the sexual abuse of patients by members.

8
Section 7 of Schedule 2 to the Act is amended by adding the following subsections:

Posting
of meeting information

(1.1) The
College shall post on its website information regarding upcoming meetings of
the Council, including the dates of those meetings, matters to be discussed at
those meetings, and information and documentation that will be provided to
members of the Council for the purpose of those meetings.

Items
where public excluded

(1.2) If
the Registrar anticipates that the Council will exclude the public from any
meeting or part of a meeting under subsection (2), the grounds for doing so
shall be noted in the information posted under subsection (1.1) and information
and documentation related to that meeting or part of that meeting shall not be
posted under subsection (1.1).

9
Subsection 10 (3) of Schedule 2 to the Act is repealed and the following
substituted:

Composition

(3) The
composition of the committees shall be in accordance with the by-laws and with
any regulations made pursuant to clauses 43 (1) (p) to (r) of the Regulated Health Professions Act, 1991.

10
Subsections 17 (2) and (3) of Schedule 2 to the Act are repealed and the
following substituted:

Composition
of panels

(2) The
panel selected by the chair shall be composed in accordance with regulations
made pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

Quorum

(3) Quorum
for the panel shall be in accordance with regulations made pursuant to clause 43
(1) (s) of the Regulated Health Professions Act, 1991.

11
(1) Subsection 23 (2) of Schedule 2 to the Act is repealed and the
following substituted:

Contents
of register

(2) The
register shall contain the following:

1. Each
member's name, business address and business telephone number, and, if
applicable, the name of every health profession corporation of which the member
is a shareholder.

2. Where
a member is deceased, the name of the deceased member and the date upon which
the member died, if known to the Registrar.

3. The
name, business address and business telephone number of every health profession
corporation.

4. The
names of the shareholders of each health profession corporation who are members
of the College.

5. Each
member's class of registration and specialist status.

6. The
terms, conditions and limitations that are in effect on each certificate of
registration.

7. A
notation of every caution that a member has received from a panel of the
Inquiries, Complaints and Reports Committee under paragraph 3 of subsection 26
(1), and any specified continuing education or remedial programs required by a
panel of the Inquiries, Complaints and Reports Committee using its powers under
paragraph 4 of subsection 26 (1).

8. A
notation of every matter that has been referred by the Inquiries, Complaints
and Reports Committee to the Discipline Committee under section 26 and that has
not been finally resolved, including the date of the referral and the status of
the hearing before a panel of the Discipline Committee, until the matter has
been resolved.

9. A
copy of the specified allegations against a member for every matter that has
been referred by the Inquiries, Complaints and Reports Committee to the
Discipline Committee under section 26 and that has not been finally resolved.

10. Every
result of a disciplinary or incapacity proceeding.

11. A
notation and synopsis of any acknowledgements and undertakings in relation to
matters involving allegations of professional misconduct or incompetence before
the Inquiries, Complaints and Reports Committee or the Discipline Committee
that a member has entered into with the College and that are in effect.

12. A
notation of every finding of professional negligence or malpractice, which may
or may not relate to the member's suitability to practise, made against the
member, unless the finding is reversed on appeal.

13. A
notation of every revocation or suspension of a certificate of registration.

14. A
notation of every revocation or suspension of a certificate of authorization.

15. Information
that a panel of the Registration Committee, Discipline Committee or Fitness to
Practise Committee specifies shall be included.

16. Where
findings of the Discipline Committee are appealed, a notation that they are
under appeal, until the appeal is finally disposed of.

17. Where,
during or as a result of a proceeding under section 25, a member has resigned
and agreed never to practise again in Ontario, a notation of the resignation
and agreement.

18. Where
the College has an inspection program established under clause 95 (1) (h) or
(h.1), the outcomes of inspections conducted by the college.

19. Information
that is required to be kept in the register in accordance with regulations made
pursuant to clause 43 (1) (t) of the Regulated Health
Professions Act, 1991.

20. Information
that is required to be kept in the register in accordance with the by-laws.

(2) Subsection
23 (4) of Schedule 2 to the Act is amended by striking out "paragraph 11" and
substituting "paragraph 15".

(3) Subsection
23 (5) of Schedule 2 to the Act is repealed and the following substituted:

Access
to information by the public

(5) All
of the information required by paragraphs 1 to 19 of subsection (2) and all
information designated as public in the by-laws shall, subject to subsections
(6), (7), (8), (9) and (11), be made available to an individual during normal
business hours, and shall be posted on the College's website within a
reasonable amount of time of the Registrar having received the information and
in a manner that is accessible to the public or in any other manner and form
specified by the Minister.

(4) Subsection
23 (11) of Schedule 2 to the Act is amended by striking out "paragraph 7" in
the portion before clause (a) and substituting "paragraph 10".

(5) Clause
23 (11) (d) of Schedule 2 to the Act is amended by striking out "clause (a) or
(b)" and substituting "clause (a), (b) or (c)."

(6) Section
23 of Schedule 2 to the Act is amended by adding the following subsection:

Other
cases when information may be withheld

(11.1) The
Registrar shall refuse to disclose to an individual or to post on the College's
website information required by paragraph 10 of subsection (2) if,

(a) the
result of a discipline proceeding was that no finding of professional
misconduct or incompetence was made against the member; and

(b) more
than 90 days have passed since the information was prepared or last updated,
unless before the expiry of the 90 days the member to whom the information
relates specifically requests in writing that the Registrar continue to
maintain public access to the information.

(7) Section
23 of Schedule 2 to the Act is amended by adding the following subsection:

Correction
of information

(13.1) The
Registrar shall correct any information contained in the register that is
required by paragraph 12 of subsection (2) or that is both required by
paragraph 19 of subsection (2) and designated as subject to this subsection in
a regulation made under clause 43 (1) (t) of the Regulated
Health Professions Act, 1991, where a member demonstrates, to the
satisfaction of the Registrar, that the information contained in the register
is incomplete or inaccurate and where the member provides the Registrar with
the information that is necessary to enable the Registrar to correct the
incomplete or inaccurate information.

(8) Subsection
23 (14) of Schedule 2 to the Act is repealed and the following substituted:

Meaning
of results of proceeding

(14) For
the purpose of this section and section 56,

"result",

(a) when
used in reference to a disciplinary proceeding, means the panel's finding that
the member committed an act of professional misconduct or was incompetent,
particulars of the grounds for the finding, a synopsis of the decision and the
order made, including any reprimand, and where the panel has made no such
finding, includes a notation that no such finding was made and the reason why
no such finding was made, and

(b) when
used in reference to an incapacity proceeding, means the panel's finding that
the member is incapacitated and the order made by the panel.

12
Subsections 25 (2) and (3) of Schedule 2 to the Act are repealed and the
following substituted:

Composition
of panels

(2) The
panel selected by the chair shall be composed in accordance with regulations made
pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

Quorum

(3) Quorum
for the panel shall be in accordance with regulations made pursuant to clause 43
(1) (s) of the Regulated Health Professions Act, 1991.

13
Subsection 25.1 (4) of Schedule 2 to the Act is repealed and the following
substituted:

Ratification
of resolution

(4) If
the complainant and the member reach a resolution of the complaint through
alternative dispute resolution, they shall advise the Registrar of the
resolution, and the Registrar may,

(a) adopt
the proposed resolution; or

(b) refer
the decision of whether or not to adopt the proposed resolution to the panel.

Referral
to panel

(5) Where
the Registrar makes a referral to the panel under clause (4) (b), the panel
may,

(a) adopt
the proposed resolution; or

(b) continue
with its investigation of the complaint.

Time
limit for ADR

(6) If
the complainant and the member do not reach a resolution of the complaint
within 60 days of a referral to alternative dispute resolution under subsection
(1), the Registrar or the panel shall not adopt any resolution reached after
that date and the panel shall proceed with its investigation of the complaint.

Extension
of time

(7) Despite
subsection (6), the Registrar or the panel may, where the Registrar or the
panel believes it is in the public interest to do so, and with the agreement of
the complainant and the member, adopt a resolution reached within 120 days of a
referral to alternative dispute resolution under subsection (1).

14
Schedule 2 to the Act is amended by adding the following sections:

Withdrawal
of complaint by Registrar

25.3 (1) At
any time following the receipt of a complaint regarding the conduct or actions
of a member and prior to any action being taken by a panel of the Inquiries,
Complaints and Reports Committee under subsection 26 (1), the Registrar may, at
the request of the complainant, withdraw the complaint if the Registrar
believes that the withdrawal is in the public interest.

Notice

(2) The
Registrar shall give the complainant and the member, within 14 days of the
Registrar having withdrawn the complaint, notice that the complaint has been
withdrawn.

Interim
suspension

25.4
(1) The
Inquiries, Complaints and Reports Committee may, subject to subsections (2) and
(6), at any time following the receipt of a complaint or following the
appointment of an investigator pursuant to subsection 75 (1) or (2), make an
interim order directing the Registrar to suspend, or to impose terms,
conditions or limitations on, a member's certificate of registration if it is
of the opinion that the conduct of the member exposes or is likely to expose
the member's patients to harm or injury.

No
gender-based terms, conditions, limitations

(2) Despite
subsection (1), the Inquiries, Complaints and Reports Committee shall not make
an interim order directing the Registrar to impose any gender-based terms,
conditions or limitations on a member's certificate of registration.

Procedure
following interim suspension

(3) If
an order is made under subsection (1) by the Inquiries, Complaints and Reports
Committee,

(a) the
matter shall be investigated and prosecuted expeditiously; and

(b) the
Inquiries, Complaints and Reports Committee, the Discipline Committee or the
Fitness to Practise Committee, as the case may be, shall give precedence to the
matter.

Duration
of order

(4) An
order under subsection (1) continues in force until it is varied by the
Inquiries, Complaints and Reports Committee or until the matter is withdrawn,
resolved by way of an alternative dispute resolution process or otherwise
finally disposed of by a panel of the Inquiries, Complaints and Reports
Committee, the Discipline Committee or the Fitness to Practise Committee.

Panel's
order

(5) In
a matter in which an order under subsection (1) was made, an order of a panel
of the Discipline Committee or the Fitness to Practise Committee directing the
Registrar to revoke, suspend or impose conditions on a member's certificate
takes effect immediately despite any appeal.

Restrictions
on orders

(6) No
order shall be made under subsection (1) unless the member has been given,

(a) notice
of the intention to make the order;

(b) at
least 14 days to make written submissions to the Committee; and

(c) a
copy of the provisions of this section.

Extraordinary
action to protect public

(7) Despite
subsection (6), an order may be made under subsection (1) without notice to the
member, subject to the right of the member to make submissions while the
suspension or the terms, conditions or limitations are in place, if the
Committee is of the opinion, on reasonable and probable grounds, that the
conduct of the member exposes or is likely to expose the member's patients to
harm or injury and urgent intervention is needed.

15
Subsection 28 (2) of Schedule 2 to the Act is repealed and the following
substituted:

Impact
of ADR on timelines

(2) Time
spent by a complainant and member in an alternative dispute resolution process
pursuant to a referral under section 25.1 shall not be included in the calculation
of time under this section.

16
Section 37 of Schedule 2 to the Act is repealed.

17 (1) Subsections
38 (2) and (3) of Schedule 2 to the Act are repealed and the following
substituted:

Composition

(2) The
panel selected by the chair shall be composed in accordance with regulations made
pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

(2) Subsection
38 (5) of Schedule 2 to the Act is repealed and the following substituted:

Quorum

(5) Quorum
for the panel shall be in accordance with regulations made pursuant to clause
43 (1) (s) of the Regulated Health Professions Act, 1991.

18
Schedule 2 to the Act is amended by adding the following section:

Production
orders

42.2 (1) Where,
in relation to a hearing involving allegations of a member's misconduct of a
sexual nature, the member seeks an order of the panel of the Discipline Committee
for the production and disclosure of a record that contains information for
which there is a reasonable expectation of privacy from a person who is not a
party to the hearing, any one or more of the following assertions made by the
member are not sufficient on their own to establish that the record is likely
relevant to an issue in the hearing or to the competence of a witness to
testify:

1. That
the record exists.

2. That
the record relates to medical or psychiatric treatment, therapy or counselling
that the complainant or a witness has received or is receiving.

3. That
the record relates to the incident that is the subject-matter of the
proceedings.

4. That
the record may disclose a prior inconsistent statement of the complainant or a
witness.

5. That
the record may relate to the credibility of the complainant or a witness.

6. That
the record may relate to the reliability of the testimony of the complainant or
a witness merely because the complainant or witness has received or is
receiving psychiatric treatment, therapy or counselling.

7. That
the record may reveal allegations of sexual abuse of the complainant or a
witness by a person other than the member.

8. That
the record relates to the sexual activity of the complainant or a witness with
any person, including the member.

9. That
the record relates to the presence or absence of a recent complaint.

10. That
the record relates to the sexual reputation of the complainant or a witness.

11. That
the record was made close in time to a complaint or report or to the activity
that forms the subject-matter of the allegation against the member.

Same

(2) A
panel of the Discipline Committee may order the person who has possession or
control of the record to produce the record or part of the record if the panel
is satisfied that the member has established that the record is likely relevant
to an issue in the hearing or to the competence of a witness to testify in the
hearing and the production of the record is necessary in the interest of
justice.

Factors
to be considered

(3) In
determining whether to grant an order for the production of records in
accordance with this section, the panel shall consider,

(a) the
regulatory nature of the proceedings;

(b) the
primary purpose of the proceedings, which is to protect the public and regulate
the profession in the public interest;

(c) the
privacy interest of the complainant or a witness in the record sought; and

(d) the
nature and purpose of the record sought in the motion.

Standing

(4) Despite
subsection 41.1 (1), the panel shall, upon the application of any person who
has a privacy interest in the records referred to in subsection (1) of this
section, grant the person standing on the member's motion for production of the
records.

Interpretation

(5) In
subsection (1),

"allegations
of a member's misconduct of a sexual nature" include, but are not limited to,
allegations that the member sexually abused a patient.

19
(1) Clause 51 (1) (b) of Schedule 2 to the Act is repealed and the
following substituted:

(b) the
governing body of another health profession in Ontario, or the governing body
of a health profession in a jurisdiction other than Ontario, has found that the
member committed an act of professional misconduct that would, in the opinion
of the panel, be an act of professional misconduct under this section or an act
of professional misconduct as defined in the regulations;

(2) Section
51 of Schedule 2 to the Act is amended by adding the following subsections:

No
gender-based terms, conditions, limitations

(4.1) In
making an order under paragraph 3 of subsection (2), a panel shall not make any
order directing the Registrar to impose any gender-based terms, conditions or
limitations on a member's certificate of registration.

Interim
suspension of certificate

(4.2) The
panel shall immediately make an interim order suspending a member's certificate
of registration until such time as the panel makes an order under subsection
(5) or (5.2) if the panel finds that the member has committed an act of
professional misconduct,

(a) under
clause (1) (a) and the offence is prescribed for the purposes of clause (5.2)
(a) in a regulation made under clause 43 (1) (v) of the Regulated
Health Professions Act, 1991;

(b) under
clause (1) (b) and the misconduct includes or consists of any of the conduct
listed in paragraph 3 of subsection (5); or

(c) by
sexually abusing a patient and the sexual abuse involves conduct listed under
subparagraphs 3 i to vii of subsection (5).

Non-application
to mandatory orders

(4.3) For
greater certainty, subsection (4) does not apply to a mandatory order made
under subsection (5) or a mandatory order made under subsection (5.2).

(3) Subsection
51 (5) of Schedule 2 to the Act is repealed and the following substituted:

Orders
relating to sexual abuse

(5) If
a panel finds a member has committed an act of professional misconduct by
sexually abusing a patient, the panel shall do the following in addition to
anything else the panel may do under subsection (2):

1. Reprimand
the member.

2. Suspend
the member's certificate of registration if the sexual abuse does not consist
of or include conduct listed in paragraph 3 and the panel has not otherwise
made an order revoking the member's certificate of registration under
subsection (2).

3. Revoke
the member's certificate of registration if the sexual abuse consisted of, or
included, any of the following:

i. Sexual
intercourse.

ii. Genital
to genital, genital to anal, oral to genital or oral to anal contact.

iii. Masturbation
of the member by, or in the presence of, the patient.

iv. Masturbation
of the patient by the member.

v. Encouraging
the patient to masturbate in the presence of the member.

vi. Touching
of a sexual nature of the patient's genitals, anus, breasts or buttocks.

vii. Other
conduct of a sexual nature prescribed in regulations made pursuant to clause 43
(1) (u) of the Regulated Health Professions Act, 1991.

Interpretation

(5.1) For
greater certainty, for the purposes of subsection (5),

"sexual
nature" does not include touching or conduct of a clinical nature appropriate
to the service provided.

Mandatory
revocation

(5.2) The
panel shall, in addition to anything else the panel may do under subsection
(2), reprimand the member and revoke the member's certificate of registration
if,

(a) the
member has been found guilty of professional misconduct under clause (1) (a)
and the offence is prescribed in a regulation made under clause 43 (1) (v) of
the Regulated Health Professions Act, 1991; or

(b) the
member has been found guilty of professional misconduct under clause (1) (b)
and the misconduct includes or consists of any of the conduct listed in
paragraph 3 of subsection (5).

20
Section 62 of Schedule 2 to the Act is repealed and the following substituted:

Interim
suspension

62
(1) The
panel may, subject to section 63, make an interim order directing the Registrar
to suspend or impose terms, conditions or limitations on a member's certificate
of registration if it is of the opinion that the physical or mental state of
the member exposes or is likely to expose his or her patients to harm or
injury.

No
gender-based terms

(2) Despite
subsection (1), the panel shall not make an interim order directing the
Registrar to impose any gender-based terms, conditions or limitations on a
member's certificate of registration.

Procedure
following interim suspension

(3) If
an order is made under subsection (1) in relation to a matter,

(a) the
College shall inquire into and prosecute the matter expeditiously; and

(b) the
Inquiries, Complaints and Reports Committee and the Fitness to Practise
Committee shall give precedence to the matter.

Duration
of order

(4) An
order under subsection (1) continues in force until it is varied by the panel
of the Inquiries, Complaints and Reports Committee or until the matter is
finally disposed of by a panel of the Inquiries, Complaints and Reports
Committee or the Fitness to Practise Committee.

21
Subsection 63 (1) of Schedule 2 to the Act is repealed and the following
substituted:

Restrictions
on orders

(1) No
order shall be made with respect to a member under subsection 59 (2) or
subsection 62 (1) unless the member has been given,

(a) notice
of the intention to make the order;

(b) at
least 14 days to make written submissions to the panel; and

(c) in
the case of an order under subsection 62 (1), a copy of the provisions of
section 62.

22
Subsections 64 (2) and (3) of Schedule 2 to the Act are repealed and the
following substituted:

Composition
of panels

(2) The
panel selected by the chair shall be composed in accordance with regulations
made pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

Quorum

(3) Quorum
for the panel shall be in accordance with regulations made pursuant to clause
43 (1) (s) of the Regulated Health Professions Act, 1991.

23
Section 71.1 of Schedule 2 to the Act is repealed and the following
substituted:

No
stay of certain orders pending appeal

71.1
Section
71 also applies to an order made by a panel of the Discipline Committee because
of a finding that a member has committed sexual abuse of the kind described in
paragraph 3 of subsection 51 (5) or an act of professional misconduct described
in subsection 51 (5.2).

24
Paragraph 3 of subsection 73 (3) of Schedule 2 to the Act is repealed.

25
Section 84 of Schedule 2 to the Act is amended by adding the following
subsection:

Other
functions

(3.1) The
patient relations program shall perform any other functions that are prescribed
in regulations made under clause 43 (1) (x) of the Regulated
Health Professions Act, 1991.

26
Schedule 2 to the Act is amended by adding the following section:

Reporting
by members re: other professional memberships and findings

85.6.3
(1) A
member shall advise the Registrar in writing if the member is a member of another
body that governs a profession inside or outside of Ontario.

Findings
of misconduct or incompetence

(2) A
member shall file a report in writing with the Registrar if there has been a
finding of professional misconduct or incompetence made against the member by
another body that governs a profession inside or outside of Ontario.

Timing
of report

(3) The
report must be filed as soon as reasonably practicable after the member
receives notice of the finding made against the member.

Contents
of report

(4) The
report must contain,

(a) the
name of the member filing the report;

(b) the
nature of, and a description of, the finding;

(c) the
date that the finding was made against the member;

(d) the
name and location of the body that made the finding against the member; and

(e) the
status of any appeal initiated respecting the finding made against the member.

Publication
ban

(5) The
report shall not contain any information that violates a publication ban.

Same

(6) No
action shall be taken under this section which violates a publication ban and
nothing in this section requires or authorizes the violation of a publication
ban.

Additional
reports

(7) A
member who files a report under subsection (1) shall file an additional report
if there is a change in status of the finding made against the member as the
result of an appeal.

27
Schedule 2 to the Act is amended by adding the following section:

Reporting
by members re: charges and bail conditions, etc.

85.6.4 (1) A
member shall file a report in writing with the Registrar if the member has been
charged with an offence, and the report shall include information about every
bail condition or other restriction imposed on, or agreed to, by the member in
connection with the charge.

Timing
of report

(2) The
report must be filed as soon as reasonably practicable after the member
receives notice of the charge, bail condition or restriction.

Contents
of report

(3) The
report must contain,

(a) the
name of the member filing the report;

(b) the
nature of, and a description of, the charge;

(c) the
date the charge was laid against the member;

(d) the
name and location of the court in which the charge was laid or in which the
bail condition or restriction was imposed on or agreed to by the member;

(e) every
bail condition imposed on the member as a result of the charge;

(f) any
other restriction imposed on or agreed to by the member relating to the charge;
and

(g) the
status of any proceedings with respect to the charge.

Publication
ban

(4) The
report shall not contain any information that violates a publication ban.

Same

(5) No
action shall be taken under this section which violates a publication ban and
nothing in this section requires or authorizes the violation of a publication
ban.

Additional
reports

(6) A
member who files a report under subsection (1) shall file an additional report
if there is a change in the status of the charge or bail conditions.

28
(1) Subsection 85.7 (1) of Schedule 2 to the Act is repealed and the
following substituted:

Funding
provided by College

(1) There
shall be a program, established by the College, to provide funding for the
following purposes in connection with allegations of sexual abuse by members:

1. Therapy
and counselling for persons alleging sexual abuse by a member.

2. Any
other purposes prescribed in regulations made under clause 43 (1) (y) of the Regulated Health Professions Act, 1991.

(2) Subsections
85.7 (4) and (5) of Schedule 2 to the Act are repealed and the following
substituted:

Eligibility

(4) A
person is eligible for funding if,

(a) it
is alleged, in a complaint or report, that the person was sexually abused by a
member while the person was a patient of the member; or

(b) the
alternative requirements prescribed in the regulations made by the Council are
satisfied.

Timing

(5) Where
a request is made for funding pursuant to subsection (1), a determination of
the person's eligibility for such funding in accordance with subsection (4)
shall be made within a reasonable period of time of the request having been received.

Not
a finding

(5.1) The
determination of a person's eligibility for funding in accordance with
subsection (4) does not constitute a finding against the member and shall not
be considered by any other committee of the College dealing with the member.

Cessation
of eligibility

(5.2) Despite
subsection (4), a person's eligibility to receive funding pursuant to
subsection (1) ceases upon the occurrence of any of the prescribed
circumstances.

(3) Subsections
85.7 (8) to (12) of Schedule 2 to the Act are repealed and the following
substituted:

Payment

(8) Funding
shall be paid only to the therapist or counsellor chosen by the person or to
other persons or classes of persons prescribed in any regulation made under
clause 43 (1) (y) of the Regulated Health Professions Act,
1991.

Use
of funding

(9) Funding
shall be used only to pay for therapy or counselling and for any other purposes
prescribed in any regulation made under clause 43 (1) (y) of the Regulated Health Professions Act, 1991 and shall not be
applied directly or indirectly for any other purpose.

Same

(10) Funding
may be used to pay for therapy or counselling that was provided at any time
after the alleged sexual abuse took place.

Other
coverage

(11) The
funding that is provided to a person for therapy and counselling shall be
reduced by the amount that the Ontario Health Insurance Plan or a private
insurer is required to pay for therapy or counselling for the person during the
period of time during which funding may be provided for the person under the
program.

Right
of recovery

(12) The
College is entitled to recover from the member, in a proceeding brought in a
court of competent jurisdiction, money paid in accordance with this section for
an eligible person referred to in subsection (4).

29
Subsection 93 (2) of Schedule 2 to the Act is repealed and the following
substituted:

Same

(2) Every
person who contravenes subsection 85.1 (1) or 85.4 (1) is guilty of an offence
and on conviction is liable to a fine of not more than $50,000.

Sexual
abuse reporting by facilities

(3) Despite
subsection (1), every person who contravenes subsection 85.2 (1) in respect of
a matter concerning the sexual abuse of a patient is guilty of an offence and
on conviction is liable,

(a) in
the case of an individual to a fine of not more than $50,000; or

(b) in
the case of a corporation to a fine of not more than $200,000.

30
(1) Clauses 94 (1) (h.1) to (h.4) of Schedule 2 to the Act are
repealed and the following substituted:

(h.1) subject
to the regulations made under clauses 43 (1) (p) to (s) of the Regulated Health Professions Act, 1991,

(i) respecting
the filling of vacancies on the Council or on committees,

(ii) providing
for the composition of committees,

(iii) respecting
the qualification, selection, appointment and terms of office of members of
committees required by subsection 10 (1) who are not members of the Council,

(iv) prescribing
conditions that disqualify committee members from sitting on committees required
under subsection 10 (1) and governing the removal of disqualified committee members;

(2) Clause
94 (1) (l.2) of Schedule 2 to the Act is repealed and the following
substituted:

(l.2) specifying
information as information to be kept in the register for the purposes of
paragraph 20 of subsection 23 (2), designating information kept in the register
as public for the purposes of subsection 23 (5), and designating information
kept in the register as public for the purposes of subsection 23 (5) that may
be withheld from the public for the purposes of subsection 23 (6);

31
Subsection 95 (1) of Schedule 2 to the Act is amended
by adding the following clause:

(q.1) prescribing
the circumstances in respect of which a person's eligibility for funding ceases
for the purposes of subsection 85.7 (5.2);

Commencement

32
(1) Subject to subsection (2), this Schedule comes into force on the
day the Protecting Patients Act, 2017 receives
Royal Assent.

(2) The
following provisions come into force on a day to be named by proclamation of
the Lieutenant Governor:

1. Subsections
5 (1), (2) and (7).

2. Section
6.

3. Section
7.

4. Section
9.

5. Section
10.

6. Section
12.

7. Section
17.

8. Section
18.

9. Section
22.

10. Section
24.

11. Section
26.

12. Section
27.

13. Section
28.

14. Subsection
30 (1).

15. Section
31.

SCHEDULE 6
Seniors Active Living Centres Act, 2017

Interpretation and Administration

Definitions

1
In
this Act,

"approval"
means an approval of an operator or a program issued under section 4; ("agrément")

"director"
means the director appointed under section 2; ("directeur")

"Minister"
means the Minister Responsible for Seniors Affairs or any other member of the
Executive Council to whom the responsibility for the administration of this Act
is assigned under the Executive Council Act; ("ministre")

"operator"
means a corporation that establishes, maintains or operates a program, where
the corporation is a corporation without share capital having objects of a
charitable nature,

(a) to
which Part III of the Corporations Act applies, or

(b) that is incorporated
under a general or special Act of the Parliament of Canada; ("prestataire")

"program"
means a program whose purpose is described in subsection 4 (3); ("programme")

"regulations"
means the regulations made under this Act. ("règlement")

Director

2
(1) The
Minister shall appoint an individual, in writing, as the director for the
purposes of this Act and the regulations from among the public servants who are
employed under Part III of the Public Service of Ontario
Act, 2006 and who work in the Ontario Seniors' Secretariat.

Restrictions
on appointment

(2) The
Minister may specify, in the appointment, conditions or restrictions to which
the appointment is subject.

Delegation
of powers and duties

(3) The
director may delegate his or her powers or duties under the appointment.

Approvals

Approvals
required for grants

3
No
operator shall receive a payment under section 8 to establish, maintain or
operate a program unless the director has approved both the operator and the
program.

Issuance
of approvals

4
(1) In
order to obtain an approval of itself or an approval of a program, an operator
shall apply to the director in accordance with this Act and the regulations and
shall provide the director with the documents and information specified in the
regulations and the other documents and information that the director
reasonably requires.

Approval
of operator

(2) The
director shall approve an operator that applies for approval if the director is
satisfied that the operator,

(a) is
financially capable of establishing, maintaining and operating a program;

(b) will
carry on the program under competent management in good faith; and

(c) meets
the other criteria, if any, that are prescribed by the regulations.

Approval
of program

(3) The
director shall approve a program if the operator of the program applies for the
approval and if the director is satisfied that,

(a) the
purpose of the program is to promote active and healthy living, social
engagement and learning for persons who are primarily seniors by providing them
with activities and services; and

(b) the
program meets the other criteria, if any, that are prescribed by the
regulations.

Refusal
to approve an operator

(4) Subject
to section 5, the director shall refuse to approve an operator if, in the
opinion of the director, the operator has not complied with subsection (1) or
the criteria set out in subsection (2) have not been met.

Refusal
to approve a program

(5) Subject
to section 5, the director shall refuse to approve a program if, in the opinion
of the director, the operator has not complied with subsection (1) or the criteria
set out in subsection (3) have not been met.

No
hearing required

5
(1) The
director is not required to hold an oral hearing or to afford a person an
opportunity for a hearing before doing anything under section 4.

Non-application
of Statutory Powers Procedure Act

(2) The
Statutory Powers Procedure Act does not apply to
anything done by the director under section 4.

Notice
of intent to make decision

(3) The
director shall not make a decision to refuse to issue an approval to an
applicant unless, before doing so, the director,

(a) serves
a notice of intent to make the decision on the applicant in accordance with
subsection (4);

(b) gives
the applicant an opportunity to make written submissions with respect to the
proposed decision in accordance with subsection (5); and

(c) reviews
the written submissions, if any, made by the applicant in accordance with
subsection (5).

Content
of notice of intent

(4) A
notice of intent shall,

(a) set
out the proposed decision and the reasons for it; and

(b) state
that the applicant may provide written submissions to the director in
accordance with subsection (5).

Written
submissions

(5) An
applicant that is served with a notice of intent may provide written
submissions to the director with respect to any matter set out in the notice,
within 15 days after the day the notice of intent was served on the applicant
or within whatever other period is specified in the notice.

Refusal
of approval

6
If
the director makes a decision to refuse to issue an approval to an applicant,

(a) the
director shall serve the applicant with a notice of decision setting out the
decision and the reasons for it; and

(b) the
applicant may reapply to the director for approval if the applicant satisfies
the director that new or other evidence is available or that material
circumstances have changed.

Director's
decision final

7
(1) A
decision made by the director under section 4 is final and not subject to
appeal.

No
judicial review

(2) Despite
any other Act or law, no person may bring an application for judicial review of
a decision made by the director under section 4.

Payment of Grants

Maintenance
and operating grants

8
(1) Subject
to subsections (3) and (4), the Minister may direct that an amount be paid, out
of the money appropriated for that purpose by the Legislature, to an approved
operator towards the cost of maintaining and operating an approved program.

Amount
of payment

(2) The
Minister has discretion to determine the amount of the payment.

Contribution
if program in a municipality

(3) No
payment shall be made to an approved operator with respect to an approved
program that the operator will maintain and operate in a municipality unless
one of the following, as the Minister determines, directs payment to the
operator of a sum equal to at least the amount determined in accordance with
subsection (5) or, if the Minister approves, contributes personal property or
services that are equivalent in value to at least that amount:

1. The
council of any one municipality.

2. The
council of any one municipality, together with the councils of one or more
contiguous municipalities.

3. The
other entities, if any, that are prescribed.

Contribution
if program not in a municipality

(4) No
payment shall be made to an approved operator with respect to an approved
program that the operator will maintain and operate in a location, other than a
municipality, unless the entities, if any, that are prescribed,

(a) direct
payment to the operator of a sum equal to at least the amount determined in
accordance with subsection (5); or

(b) if
the Minister approves, contribute personal property or services that are
equivalent in value to at least the amount described in clause (a).

Amount
of contribution

(5) Subject
to the regulations, the amount mentioned in subsection (3) or (4) is,

(a) the
amount equal to 20 per cent of the net annual cost to the approved operator of
maintaining and operating the approved program, if the operator was approved on
or after April 1, 2008 under this Act or the Elderly
Persons Centres Act, as it read at the time of the approval; or

(b) the
amount equal to 20 per cent of the net annual cost to the approved operator in
the operator's 2007-2008 fiscal year of maintaining and operating the approved
program, if the operator was approved before April 1, 2008 under the Elderly Persons Centres Act, as it read at the time of
the approval.

Special
grants

9
(1) If
the Minister directs that an amount be paid to an approved operator under
subsection 8 (1) towards the cost of maintaining and operating an approved
program, the Minister may, in addition, direct that an amount be paid, out of
the money appropriated for that purpose by the Legislature, on a one-time basis
to the operator towards the cost of maintaining and operating the program.

No
contributions

(2) For
greater certainty, subsections 8 (3) and (4) do not apply to a payment made
under subsection (1).

Repayment
of grants if approval ceases

10
If
an approved operator ceases to meet the criteria for approval set out in subsection
4 (2) or if the program that the operator operates ceases to meet the criteria
for approval set out in subsection 4 (3), the director may determine, on a
reasonable basis, what part of any payment that the operator has received under
this Act is to be repaid to the Crown.

General

Regulations

11 (1) The
Lieutenant Governor in Council may make regulations,

(a) specifying
anything that this Act describes as prescribed or specified in the regulations or
done by or in accordance with the regulations;

(b) governing
applications for approvals;

(c) setting
a percentage for the purposes of subsection 8 (5) that differs from the one set
out in that subsection;

(d) governing
how the annual cost mentioned in subsection 8 (5) is to be determined;

(e) governing
repayments described in section 10.

Scope

(2) A
regulation may be general or specific in its application to any person, place
or thing or any class of them, may impose different requirements, conditions or
restrictions on or in respect of any class and may be limited as to time and
place.

Classes

(3) A
class described in a regulation may be described according to any
characteristic or combination of characteristics and may be described to
include or exclude any specified member, whether or not with the same characteristics.

Amendment to this Act

12
Subsection 8 (5) of this Act is repealed and the following substituted:

Amount
of contribution

(5) Subject
to the regulations, the amount mentioned in subsection (3) or (4) is the amount
equal to 20 per cent of the net annual cost to the approved operator of maintaining
and operating the approved program.

This
reprint of the Bill is marked to indicate the changes that were made in
Committee.

The
changes are indicated by underlines for new text and a strikethrough for deleted text.

______________

EXPLANATORY
NOTE

Schedule 0.1Drug and pharmacies regulation act

Various amendments are made to the Drug and Pharmacies Regulation Act, including amendments
to facilitate implementation of interim orders regarding suspensions and the
imposition of terms, conditions and limitations.

SCHEDULE
1
Immunization of School Pupils Act

The
Immunization of School Pupils Act is amended:

1. To
require parents to complete an immunization education session before filing a
statement of conscience or religious belief.

2. To
expand the categories of persons who may provide statements regarding the
administration of immunizing agents.

3. To
require those who administer immunizing agents to provide information to the
local medical officer of health.

SCHEDULE
2
Laboratory and Specimen Collection Centre Licensing Act

A
number of amendments are made to the Laboratory and Specimen
Collection Centre Licensing Act. Among them:

1. The
two categories of "laboratory" and "specimen collection centre" are both
provided for under the new term "laboratory facility", and the licensing
provisions of the Act are amended accordingly.

2. Provision
is made for the emergency suspension of licences.

3. The
transfer of licences is provided for.

4. The
powers of inspectors under the Act are revised.

5. The
collection, use and disclosure of personal information by the Minister
Ministry is provided for.

6. Revisions
are made concerning the prosecution of offences under the Act.

The
Animals for Research Act is amended to correct a
cross-reference.

The
Health Insurance Act is amended to permit the
Minister to enter into arrangements for the payment of remuneration to health
facilities rendering insured services to insured persons on a basis other than
fee for service, in addition to physicians and practitioners.

The
Public Hospitals Act is amended to permit the
Minister to designate hospitals to provide community laboratory services.

SCHEDULE
3
Ontario Drug Benefit Act

The
Ontario Drug Benefit Act is amended to add a new definition fornew
definitions for an "authorized prescriber" and a "registered nurse
in the extended class". Several amendments are made throughout the Act to
accommodate prescriptions by registered
nurses in the extended class
authorized prescribers. A reference to a repealed Act is removed.

The
Act is also amended to allow regulations to incorporate other documents by
reference as they are amended from time to time after the regulation is made.

SCHEDULE
4
Regulated Health Professions Act, 1991

The
Regulated Health Professions Act, 1991 and its
Health Professions Procedural Code are amended. Among the changes:

1. The Minister may require the Council of a
health professions College to include in its reports to the Minister personal
information and personal health information about any member of the College to
the extent necessary in order to allow the Minister to determine if the College
is fulfilling its duties and carrying out its objects or if the Minister should
exercise certain of the Minister's powers. Personal information and personal
health information shall not be included if other information will suit the
purpose, and no more than is necessary shall be included.

2. The
purposes for which the Minister may require a College to collect information
from members under section 36.1 of the Act are expanded to include health human
resources research.

3. The
Minister is given the power to make regulations respecting College committees
and panels.

4. The
matters that a College is required to note in its register are expanded.

5. For
the purposes of the sexual abuse provisions of the Code, the definition of
"patient", without restricting the ordinary meaning of the term, is expanded to
include an individual who was a member's patient within the last year or within
such longer period of time as may be prescribed from
the date on which they ceased to be a patient, and an individual
who is determined to be a patient in accordance with the criteria set out in
regulations.

6. The
Inquiries, Complaints and Reports Committee and its panels may make an order
for the interim suspension of a member's certificate of registration at any
time following the receipt of a complaint or report after the appointment of an investigator,
instead of only when a matter is referred for discipline or incapacity
proceedings.

7. The
imposition of gender-based terms, conditions or limitations on a member's
certificate of registration is prohibited.

8. The
grounds for mandatory revocation of the certificate of registration of a member
who has sexually abused a patient are expanded, and suspension is made
mandatory in sexual abuse cases that do not involve conduct requiring mandatory
revocation.

9. Members
are required to report to the Registrar if they belong to professional bodies
outside Ontario, and if there has been a finding of professional misconduct or
incompetence against them by such a body.

10. Members
are required to report to the Registrar if they are charged with an offence,
and are required to provide information about bail conditions.

11. The
mandatory program for Colleges to provide funding for therapy and counselling
for patients who were sexually abused by members is expanded to apply to persons
who are alleged to have been sexually abused while a patient, and to provide
funding for other purposes provided for in regulations.

12. The
penalties for failing to report sexual abuse of patients are increased.

SCHEDULE
5
Seniors Active Living Centres Act, 2017

The
Elderly Persons Centres Act is repealed and
replaced with a new Act. Under the new Act, an operator that is not an individual
can obtain funding from the Minister Responsible for Seniors Affairs to
establish, maintain or operate a program if a director appointed by the
Minister approves both the operator and the program. The director approves a
program on being satisfied that its purpose is to promote active and healthy
living, social engagement and learning for persons who are primarily seniors by
providing them with activities and services.

If
the operator operates the program in a municipality, any one municipality is required
to make a contribution to the operator. If the operator operates the program in
a location that is not in a municipality, the regulations made under the Act
can prescribe what entities are required to make a contribution to the
operator.

There
is broad regulation-making power under the Act, including the power to make
regulations governing contributions.

Bill 87 2017

An Act to implement
health measures and measures relating to seniors
by enacting, amending or repealing various statutes

CONTENTS

1.

Contents
of this Act

2.

Commencement

3.

Short
title

Schedule 0.1

Drug and Pharmacies Regulation Act

Schedule
1

Immunization
of School Pupils Act

Schedule
2

Laboratory
and Specimen Collection Centre Licensing Act

Schedule
3

Ontario
Drug Benefit Act

Schedule
4

Regulated
Health Professions Act, 1991

Schedule
5

Seniors
Active Living Centres Act, 2017

Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:

Contents
of this Act

1
This Act consists of this section, sections 2 and 3 and the Schedules to this
Act.

Commencement

2
(1) Subject to subsections (2) and (3), this Act comes into force on
the day it receives Royal Assent.

(2) The
Schedules to this Act come into force as provided in each Schedule.

(3) If
a Schedule to this Act provides that any provisions are to come into force on a
day to be named by proclamation of the Lieutenant Governor, a proclamation may
apply to one or more of those provisions, and proclamations may be issued at
different times with respect to any of those provisions.

Short
title

3
The short title of this Act is the Protecting Patients
Act, 2017.

Schedule 0.1
Drug and Pharmacies Regulation Act

1The definition of "registered pharmacy student" in
subsection 1 (1) of the Drug and Pharmacies Regulation Act
is repealed and the
following substituted:

"intern technician" means a person registered as an
intern technician under the Pharmacy Act, 1991;

2Subsections 139 (5) of the Act is amended by adding the
following paragraph:

3. Subsections
17 (2) and (3).

3(1) Subsection 140 (2) of the Act is
amended by striking out "interim orders where such allegations are referred to
the Committee".

(2) Section
140 of the Act is amended by adding the following subsection:

Interim order

(2.0.1) The Accreditation Committee may
at any time make an interim order directing the Registrar to suspend, or to
impose terms, conditions or limitations on, a certificate of accreditation, if
it is of the opinion that the conduct or operation of a pharmacy is likely to
expose a patient, or a member of the public, to harm or injury.

Procedure

(2.0.2)The provisions of the Health Professions Procedural
Code dealing with interim suspension orders made by the Inquiries, Complaints
and Reports Committee or a panel of the Committee apply, with necessary
modifications, to interim suspension orders made by the Accreditation Committee
under subsection (2.0.1).

(3)Subsection
140 (2.1) of the Act is amended by striking out "section 37" and substituting
"section 25.4".

4(1)Clause 149 (1) (c) of the Act is amended by
striking out "a registered pharmacy student" at the beginning and substituting
"a student who is in the course of fulfilling the educational requirements to
become a member of the College".

(2)Clause
149 (1) (d) of the Act is amended by adding "or an intern technician" after "a
pharmacy technician".

(3)Subsection
149 (3) of the Act is repealed and the following substituted:

Remote dispensing locations

(3) Despite clause (1) (d), a pharmacy
technician may compound, dispense or sell a drug in a remote dispensing
location without a pharmacist being physically present to supervise, as long as
a pharmacist is actively supervising the pharmacy technician and,

(a) a certificate of accreditation has been
issued permitting the operation of the remote dispensing location; and

(b) the remote dispensing location is operated
in accordance with the regulations.

5Subsection 156 (2) of the Act is amended by striking
out "two years" at the end and substituting "ten years".

6This Schedule comes into force on a day to be named
by proclamation of the Lieutenant Governor.

SCHEDULE
1
Immunization of School Pupils Act

1
(1) Section 1 of the Immunization of School Pupils
Act is amended by adding the following definition:

"nurse"
means a member of the College of Nurses of Ontario; ("infirmière ou infirmier")

(2) The
definition of "physician" in section 1 of the Act is repealed and the following
substituted:

"physician"
means a member of the College of Physicians and Surgeons of Ontario;
("médecin")

2
Subsections 3 (3) and (4) of the Act are repealed and the following
substituted:

Same,
statement of conscience or religious belief

(3) Subsection
(1) does not apply to a parent who has completed an immunization education
session with a medical officer of health or with a medical officer of health's
delegate that complies with the prescribed requirements, if any, and who has
filed a statement of conscience or religious belief with the proper medical
officer of health.

Transitional

(4) Subsection
(1) does not apply to a parent who, before the coming into force of section 2
of Schedule 1 to the Protecting Patients Act, 2017,
filed a statement of conscience or religious belief with the proper medical
officer of health.

3
Clause 6 (2) (a) of the Act is repealed and the following substituted:

(a) that
the medical officer of health has not received,

(i) a
statement from a physician, nurseor prescribed personshowing
that the pupil has completed the prescribed program of immunization in relation
to the designated diseases,

(ii) an
unexpired statement of medical exemption in respect of the pupil, or

(iii) a
statement of conscience or religious belief in respect of the pupil and
confirmation that the parent has completed the education session described in
subsection 3 (3); and

4
Section 10 of the Act is repealed and the following substituted:

Statements
by providers of immunizing agents

10
(1) Every
physician, nurse or prescribed person who administers an immunizing agent to a
child in relation to a designated disease shall provide to a parent of the
child a statement that shows that the immunizing agent has been administered.

Information
for M.O.H.

(2) Every
physician, nurse or prescribed person who administers an immunizing agent to a
child in relation to a designated disease shall provide the prescribed
information to the medical officer of health for the public health unit in
which the immunizing agent was administered.

5
Subclause 12 (2) (b) (i) of the Act is repealed and the following substituted:

(i) either
a statement from a physician, nurse or prescribed person showing that the pupil
has completed the prescribed program of immunization in relation to the
designated disease or other information satisfying the medical officer of
health that the pupil has completed the prescribed program, or

6
Subsection 17 (1) of the Act is amended by adding the following clause:

(f.1) respecting
and governing the information described in subsection 10 (2), including,
without being limited to, specifying one or more methods by which the
information is to be provided, and requiring the information to be provided by
such a method;

Commencement

7
This Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.

SCHEDULE 2
Laboratory and Specimen Collection Centre Licensing Act

1
(1) Clause (a) of the definition of "laboratory" in section 5 of the
Laboratory and Specimen Collection Centre Licensing Act
is amended by striking out "prophylaxis" and substituting "prevention".

(2) Section
5 of the Act is amended by adding the following definition:

"laboratory
facility" means a laboratory or a specimen collection centre; ("centre de
laboratoire")

(3) The
definition of "operator" in section 5 of the Act is repealed and the following
substituted:

"operator"
means a person having charge or control of a laboratory facility;
("exploitant")

(4) Section
5 of the Act is amended by adding the following definition:

"personal
information" includes personal information as defined in the Freedom of Information and Protection of Privacy Act and
personal health information as defined in the Personal
Health Information Protection Act, 2004; ("renseignements personnels")

(5) The
definition of "specimen collection centre" in section 5 of the Act is amended
by striking out "prophylaxis" in the portion before clause (a) and substituting
"prevention".

(6) Clauses
(a) to (d) of the definition of "specimen collection centre" in section 5 of
the Act are repealed.

2
Section 9 of the Act is repealed and the following substituted:

Licence
required

9
(1) No
person shall establish, operate or maintain a laboratory facility except under
the authority of a licence issued by the Director under this Act.

Issuing
licences

(2) The
Director may issue a licence for a laboratory facility to,

(a) perform
one or more classes of tests specified in the licence;

(b) perform
tests specified in the licence within one or more classes of tests;

(c) take
or collect specimens or one or more classes of specimens specified in the
licence; or

(d) take
or collect specimens specified in the licence within one or more classes of
specimens.

Conditions

(3) A
licence is subject to the conditions, if any, specified by the Director in the
licence.

Issuance
of licence

(4) Subject
to subsection (10), any person who applies in accordance with this Act and the
regulations for a licence to establish, operate or maintain a laboratory facility
and who meets the requirements of this Act and the regulations and who pays the
prescribed fee is entitled to be issued the licence.

Where
proposal not in public interest, issuance of licence

(5) Despite
subsection (4), the following applies where an application is made for a
licence and the Minister states in writing to the Director that it is not in
the public interest to issue a licence to establish, operate or maintain the
laboratory facility in the area where the applicant proposes to establish,
operate or maintain the laboratory facility:

1. Section
11 does not apply.

2. The
Director shall not issue the licence to the applicant.

3. The
Director shall give written notice to the applicant of the refusal and of the
Minister's statement.

Where
proposal not in public interest, tests, specimens, etc.

(6) Despite
subsection (4), where an application is made for a licence and the Minister
states in writing to the Director that it is not in the public interest to
issue a licence, either,

(a) in
the case of a laboratory, for any classes of tests or any of the tests within a
class or classes of tests in respect of which the application is made; or

(b) in
the case of a specimen collection centre, to take or collect any specimens or
class or classes of specimens in respect of which the application is made:

then,

(c) sections
10 and 11 do not apply;

(d) where
the Director issues a licence to the applicant upon the application, the
Director shall give written notice to the applicant of the Minister's
statement; and

(e) the
licence shall not be for the classes of tests or the tests within a class or
classes of tests or for taking or collecting the specimens or class or classes
of specimens that are set out in the Minister's statement.

Matters
to be considered by Minister

(7) In
making a decision as to what is in the public interest for the purposes of
subsection (5) or (6), the Minister may consider any matter the Minister
regards as relevant, including, without being limited to,

(a) the
number and type of laboratory facilities that operate under the authority of
licences issued under this Act,

(i) in
the area, or

(ii) in
the area and any other area;

(b) the
tests and classes of tests performed or the specimens or class or classes of
specimens taken or collected in the laboratory facilities,

(i) in
the area, or

(ii) in
the area and any other area;

(c) the
utilization of existing laboratory facilities and their capacity to handle
increased volume;

(d) the
availability of facilities for the transportation of persons and specimens to
laboratory facilities,

(i) in
the area, or

(ii) in
the area and any other area; or

(e) the
funds available to provide payment for laboratory tests that are insured
services under the Health Insurance Act.

Blood
collection facilities

(8) Despite
subsection (4), where an application is made for a licence to establish,
operate or maintain a laboratory facility which will operate as a blood
collection facility within the meaning of the Voluntary
Blood Donations Act, 2014 and the Minister states in writing to the Director
that it is not in the public interest to issue such a licence, section 11 shall
not apply and the Director shall not issue the licence to the applicant and
shall give written notice to the applicant of the refusal and of the Minister's
statement.

Same

(9) In
making a decision in the public interest in subsection (8), the Minister may
consider any matter the Minister regards as relevant, including, without being
limited to, the principles set out in the Voluntary Blood
Donations Act, 2014.

Grounds
for refusal

(10) Subject
to section 11, the Director may refuse to issue a licence where in the
Director's opinion,

(a) the
past conduct of the applicant or, where the applicant is a corporation, of its
officers or directors affords reasonable grounds for belief that the laboratory
facility will not be operated in accordance with the law and with honesty and integrity;

(b) the
proposed laboratory facility or its operation would contravene this Act or the
regulations or any other Act or regulation or any municipal by-law respecting
its establishment or location;

(c) the
applicant is not competent to operate a laboratory facility in accordance with
this Act and the regulations;

(d) the
equipment and premises are not suitable for the performance of the tests or the
taking or collecting of the specimens for which the licence is sought; or

(e) any
other ground for refusal that is prescribed in the regulations exists.

Provisional
licence

(11) Where
the applicant for a licence does not meet all the requirements for issuance of
the licence and requires time to meet such requirements, the Director may issue
a provisional licence for the laboratory facility.

Expiration
and renewal of provisional licence

(12) A
provisional licence expires on the date specified on the licence, which shall
not be later than 12 months after the date of its issue, but the provisional
licence may be renewed for one further period of no more than 12 months where,
in the opinion of the Director, sufficient progress in complying with the requirements
for issuance of a licence has been made.

Expiration
and renewal of licence

(13) A
licence that is not a provisional licence expires on the date specified on the
licence, which shall not be later than five years from the date of its issue or
renewal. A renewal shall be issued where the applicant is not disqualified
under subsection (20).

Transitional

(14) Despite
subsections (12) and (13), a licence or provisional licence that is in
existence immediately before section 2 of Schedule 2 to the Protecting Patients Act, 2017 comes into force expires
when it would have otherwise expired.

Stay
of refusal to renew

(15) Where
the Director refuses to renew a licence, the laboratory facility shall be
deemed to continue to be licensed until an order is made by the Review Board or
until the time for requiring a hearing by the Review Board expires, whichever occurs
first.

Operator
to be named in licence

(16) It
is a condition of a licence that the operation of the laboratory facility be
under the charge and control of the operator named in the licence as operator
and that the ownership of the laboratory facility be only in the person or
persons named in the licence as owners.

Conditions
re quality management

(17) It
is a condition of a licence for a laboratory facility that,

(a) the
operation of the laboratory facility meet the requirements of a quality
management program;

(b) the
owner and the operator of the laboratory facility permit an agency designated
in the regulations to carry out a quality management program; and

(c) the
owner of the laboratory facility pay the fees for an assessment under a quality
management program, if any, that are prescribed by the regulations or
established by an agency designated in the regulations.

Failure
to meet program requirements

(18) Where
an agency designated in the regulations to carry out a quality management
program reports to the Director that the operation of a laboratory facility
does not meet the requirements of the program, the Director may impose any
conditions upon the laboratory facility's licence that the Director considers
necessary or advisable in order that the health of the public be protected.

Notice
of changes

(19) Where
the operator or the owner named in the licence is a corporation, the
corporation shall notify the Director in writing within 15 days of any change
in the officers or directors of the corporation.

Revocation,
suspension, renewal refusal

(20) The
Director may revoke, suspend or refuse to renew a licence where,

(a) any
person has made a false statement in the application for the licence or its
renewal or in any report, document or other information required to be
furnished by this Act or the regulations or any other Act or regulation that
applies to the laboratory facility;

(b) any
test authorized by the licence is incompetently performed;

(c) any
specimen taking or collecting authorized by the licence is incompetently
carried out;

(d) there
is a breach of a condition of the licence;

(e) the
owner or the operator does not comply with this Act or the regulations or any
other Act or law relevant to the operation or maintenance of a laboratory
facility;

(f) the
services that can be provided by the laboratory facility are misrepresented;

(g) a
change in the officers or directors of any corporation which is an operator or
owner of a laboratory facility named in the licence would afford grounds for
refusing to issue a licence under clause (10) (a); or

(h) any
other ground for revoking, suspending or refusing renewal that is prescribed in
the regulations exists.

Emergency
suspension

9.1
(1) If
the Director is of the opinion upon reasonable grounds that a laboratory
facility is being operated or will be operated in a manner that poses an
immediate threat to the health or safety of any person, the Director by a
written order may suspend the licence of the laboratory facility.

Order
effective immediately

(2) An
order under subsection (1) takes effect immediately upon notice of the order
being served on the licensee.

Notice
requiring hearing by Review Board

(3) The
Director shall deliver with the order under subsection (1) notice that the
licensee is entitled to a hearing by the Review Board if the licensee mails or
delivers, within 15 days after the notice is served on the licensee, notice in writing
requiring a hearing to the Director and the Review Board, and the licensee may
so require such a hearing.

Power
of Review Board where hearing

(4) Section
11 applies, with necessary modifications, to a suspension under subsection (1).

Service
of notice

(5) The
Director may serve notice of an order under subsection (1) by sending the
notice by any means that produces a paper record or by any other method of delivery
that is prescribed in the regulations.

Deemed
receipt

(6) If
the Director serves notice in a manner described in subsection (5), the
licensee shall be deemed to have received the notice on the day it is sent.

No
stay

(7) Despite
section 25 of the Statutory Powers Procedure Act, a
request for a hearing by the Board made in accordance with subsection (3) of
this section or an appeal to Divisional Court of the Review Board's decision
under section 13 does not operate as a stay of a suspension of a licence
ordered under subsection (1) of this section.

No
interim order to stay

(8) Despite
section 16.1 of the Statutory Powers Procedure Act,
the Review Board shall not make an interim order to stay the suspension of a
licence ordered under subsection (1) of this section.

Powers
are additional

(9) For
greater certainty, the powers of the Director under this section are in
addition to, and not in place of, the powers of the Minister under the Health Facilities Special Orders Act.

Transfer
of licence

9.2
(1) A
licence issued under this Act is not transferrable without the consent of the
Director.

How
dealt with

(2) In
deciding whether to consent to the transfer of a licence, the Director shall
treat the proposed transferee of the licence as if the proposed transferee were
an applicant for a licence and, for the purpose, section 9 applies with necessary
modifications.

Limitations
and conditions

(3) In
consenting to the transfer of a licence, the Director may attach to the licence
such conditions as the Director considers necessary in the circumstances.

3
Subsection 11 (1) of the Act is repealed and the following substituted:

Proposal
to refuse to issue, suspend, revoke or impose condition

(1) Where
the Director proposes to suspend, revoke or to refuse to issue or renew a
licence or to impose a condition on an existing licence under this Act, the Director
shall serve notice of the proposal, together with written reasons, on the
applicant in the case of a proposal to refuse to issue or renew the licence and
on the owner and operator in the case of a proposal to suspend, revoke or to
impose a condition on the licence.

4
Section 15 of the Act is repealed.

5
Section 16 of the Act is repealed and the following substituted:

Appointment
of inspectors

16
(1) The
Minister may appoint, in writing, one or more persons as inspectors for the
purposes of this Act and the regulations.

Certificate
of appointment

(2) The
Minister shall issue every inspector appointed under subsection (1) a
certificate of appointment and every inspector, in the execution of his or her
duties under this section and the regulations, shall produce the certificate of
appointment upon request.

Director is an inspector

(2.1) The Director is an inspector by
virtue of office, and when acting as an inspector shall, on request, produce
evidence of being appointed as Director instead of the certificate of
appointment required under subsection (2).

Inspections

(3) For
the purpose of determining whether this Act and the regulations are being
complied with, an inspector may, without a warrant, enter and inspect,

(a) a
licensed laboratory facility;

(b) any
business premises of a company that owns or operates one or more licensed
laboratory facilities; and

(c) any place that the Director reasonably
believes is being used as a laboratory facility.

(c) any place that the Director reasonably
believes is being operated as a laboratory facility without a licence.

Time
of entry

(4) The
power under this section to enter and inspect without a warrant may be
exercised only during the regular business hours of the laboratory facility,
business premises or place.

Dwellings

(5) The
power to enter and inspect under this section shall not be exercised to enter
and inspect a place or a part of a place that is used as a dwelling.

Use
of force

(6) An
inspector is not entitled to use force to enter and inspect a laboratory
facility, business premises or place.

Powers
of inspector

(7) An
inspector conducting an inspection may,

(a) examine
records or anything else that is relevant to the inspection;

(b) demand
the production of a record or any other thing that is relevant to the
inspection;

(c) remove
a record or any other thing that is relevant to the inspection for review,
examination or testing;

(d) remove
a record or any other thing that is relevant to the inspection for copying;

(e) in
order to produce a record in readable form, use data storage, information
processing or retrieval devices or systems that are normally used in carrying
on business in the place;

(f) take
photographs or make any other kind of recording; and

(g) question
a person on matters relevant to the inspection.

Written
demand

(8) A
demand under this section that a record or any other thing be produced must be
in writing and must include a statement of the nature of the record or thing required.

Obligation
to produce and assist

(9) If
an inspector demands that a record or any other thing be produced under this
section, the person who has custody of the record or thing shall produce it
and, in the case of a record, shall on request provide any assistance that is
reasonably necessary to interpret the record or to produce it in a readable
form.

Records
and things removed from place

(10) A
record or other thing that has been removed for review, examination, testing or
copying,

(a) shall
be made available to the person from whom it was removed on request and at a
time and place that are convenient for the person and for the inspector; and

(b) shall
be returned to the person within a reasonable time, unless, in the case of a
thing that has been subject to testing, the thing has been made unsuitable for
return as a result of the testing.

Copy
admissible in evidence

(11) A
copy of a record or other thing that purports to be certified by an inspector
as being a true copy of the original is admissible in evidence to the same
extent as the original and has the same evidentiary value.

Obstruction

(12) No
person shall hinder, obstruct or interfere with or attempt to hinder, obstruct
or interfere with an inspector conducting an inspection, refuse to answer
questions on matters relevant to the inspection or provide the inspector with
false information on matters relevant to the inspection.

Personal information in records

(13) For greater certainty, a reference
to a record in this section includes a record that contains personal
information.

6
The Act is amended by adding the following section:

Personal
information

17.1
(1) The
Ministry may directly or indirectly collect personal information for purposes
related to the administration or enforcement of this Act, subject to any
requirements or conditions provided for in the regulations.

Use
of personal information

(2) The
Ministry may use personal information for purposes related to the
administration or enforcement of this Act, subject to any requirements or
conditions provided for in the regulations.

Disclosure
of personal information

(3) The
Ministry may disclose personal information for purposes related to the
administration or enforcement of this Act, subject to any requirements or
conditions provided for in the regulations.

Personal health information not to be used for
administration

(4) Despite the definition of "personal
information" in section 5, "personal information" for purposes related to the
administration of this Act does not include personal health information as
defined in the Personal Health Information Protection Act,
2004.

7
Section 18 of the Act is repealed and the following substituted:

Regulations

18
(1) The
Lieutenant Governor in Council may make regulations for carrying out the
purposes and provisions of this Act.

Same

(2) Without
restricting the generality of subsection (1), the Lieutenant Governor in
Council may make regulations,

(a) providing
for the issuance and renewal of licences and provisional licences and
prescribing their terms and conditions;

(b) excluding
institutions, buildings or places from the definitions of "laboratory" and
"specimen collection centre" in section 5, and providing for additional
institutions, buildings or places that are laboratories and specimen collection
centres for the purposes of those definitions;

(c) prescribing
examinations for the purpose of the definition of "laboratory" in section 5;

(d) prescribing
grounds for the purposes of subsections 9 (10) and 9 (20);

(e) prescribing
classes of tests for the purposes of this Act and the regulations;

(f) respecting
the officers and employees of laboratory facilities and prescribing their
duties, responsibilities and qualifications;

(g) prescribing
the classes of persons who may perform tests in a laboratory;

(h) prescribing
the classes of persons who may take or collect specimens in a specimen
collection centre;

(i) prescribing
classes of persons who shall not be owners of laboratory facilities or of any
interest in a laboratory facility;

(j) respecting
the management and operation of laboratory facilities;

(k) requiring
laboratory facilities to keep any records and make any reports that are
prescribed;

(l) respecting
and governing the promotion and advertising of laboratory facilities;

(m) prescribing
fees for licences, provisional licences and renewals and for laboratory
services performed by the Ministry;

(n) exempting
laboratory facilities or any class of laboratory facilities or any class of
persons from the application of any provision of this Act or the regulations;

(o) prescribing
tests to which this Act does not apply;

(p) prescribing
other duties and powers of the Director and the Review Board, including the
approval of educational qualifications of officers and employees of laboratory
facilities;

(q) instituting
a system for the payment by the Province of all or any part of the annual
expenditures of laboratories in lieu of amounts payable under the Health Insurance Act;

(r) prescribing
fees for assessments under a quality management program;

(s) designating
an agency or agencies to carry out a quality management program, and permitting
the agency or agencies to establish and charge fees for assessments under the
quality management program;

(s.1) requiring an agency designated under clause
(s) to submit reports to the Director, and governing the contents of those
reports;

(t) prescribing,
providing for and governing any other matter that this Act refers to as being
prescribed or provided for in the regulations.

8
Section 21 of the Act is repealed.

9
(1) Subsection 22 (3) of the Act is repealed and the following
substituted:

Officers, directors, etc.

(3) If a corporation commits an offence
under this Act, an officer, director, employee or agent of the corporation who
knowingly authorized, permitted, acquiesced in or participated in the
commission of the offence or failed to take reasonable care to prevent the
corporation from committing the offence is guilty of an offence, whether or not
the corporation has been prosecuted or convicted.

Directors, officers, etc.

(3) Whether or not a corporation has
been convicted of an offence under subsection (1), each director, officer,
employee or agent of the corporation who authorized, permitted, acquiesced in
or participated in the commission of an offence by the corporation under subsection
(1) or failed to take reasonable care to prevent the corporation from
committing an offence under subsection (1) is a party to and guilty of the
offence, and on conviction is liable to the punishment provided for under
subsection (1).

(2) Section
22 of the Act is amended by adding the following subsections:

Provincial
Judge required

(5) The
Attorney General or an agent of the Attorney General may, by notice to the
clerk of the Ontario Court of Justice, require that a provincial judge preside
over a proceeding in respect of an offence under this Act.

Publication
re convictions

(6) If
a person is convicted of an offence under this Act, the Minister may publish or
otherwise make available to the general public the name of the person, a description
of the offence, the date of the conviction and the person's sentence.

Restraining
order not necessary

(7) A
person may be prosecuted under this section whether or not a restraining order
has been previously made with respect to the subject matter of the prosecution.

Certificates

(8) In
any prosecution or other proceeding under this Act, a certificate of an analyst
stating that the analyst has made an analysis of a sample and stating the
result of that analysis is evidence of the facts alleged in the certificate
without proof of the signature or the official character of the person
appearing to have signed the certificate.

Animals for Research Act

10
Subsection 20 (13) of the Animals for Research Act
is amended by striking out "the Laboratory and Specimen
Collection Centre Licensing Act" and substituting "the Health Protection and Promotion Act".

Health Insurance Act

11
Clause 2 (2) (a) of the Health Insurance Act is
amended by striking out "physicians and practitioners" and substituting
"physicians, practitioners and health facilities".

Public Hospitals Act

12
Section 1 of the Public Hospitals Act is amended by
adding the following definition:

"community
laboratory services" means the services of a laboratory or specimen collection
centre under the Laboratory and Specimen Collection Centre
Licensing Act that are provided by a hospital designated under subsection
22 (1) of this Act to persons who are neither in-patients nor out-patients; ("services
de laboratoire communautaire")

13
The Act is amended by adding the following section:

Community
laboratory services

22
(1) The
Minister may designate one or more hospitals to provide community laboratory
services.

Same

(2) A
hospital that is designated under subsection (1) may provide community
laboratory services, subject to any conditions, restrictions or requirements
that may be prescribed in the regulations.

14
Subsection 32 (1) of the Act is amended by adding the following clauses:

(c.1) prescribing
conditions, restrictions and requirements for the purposes of subsection 22
(2);

(c.2) providing
for provisions of this Act or the regulations that do not apply with respect to
community laboratory services provided by a hospital designated under
subsection 22 (1);

Commencement

15
(1) Subject to subsection (2), this Schedule comes into force on the
day the Protecting Patients Act, 2017 receives
Royal Assent.

(2) Sections
1 to 9 and 12 to 14 come into force on a day to be named by proclamation of the
Lieutenant Governor.

SCHEDULE 3
Ontario Drug Benefit Act

1 Subsection 1 (1) of the Ontario
Drug Benefit Act is amended by adding the following definition:

2
Subsection 2 (2) of the Act is amended by striking out "the Family Benefits Act".

3 Subsections 9 (1) and (2) of the Act are amended
by striking out "physician" wherever it appears and substituting in each case
"physician or registered nurse in the extended class".

3 Subsections 9 (1) and (2) of the Act are amended
by striking out "a physician" wherever it appears and substituting in each case
"an authorized prescriber".

4 Subsections 16 (1), (3) and (4) of the Act are repealed
and the following substituted:

Unlisted drugs, special case

(1) If a physician or registered nurse
in the extended class informs the executive officer that the proper treatment
of a patient who is an eligible person requires the administration of a drug
for which there is not a listed drug product, the executive officer may make
this Act apply in respect of the supplying of that drug as if it were a listed
drug product by so notifying the physician or registered nurse in the extended
class.

. . . . .

Listed drugs, special case

(3) If a physician or registered nurse
in the extended class informs the executive officer that the proper treatment
of a patient who is an eligible person requires the administration of a drug
for which there are one or more listed drug products but for which the
conditions for payment under section 23 are not satisfied, the executive
officer may make this Act apply in respect of the supplying of those listed
drug products as if the conditions were satisfied.

Notice to operator

(4) An operator of a pharmacy is not
liable for contravening this Act or the regulations in respect of supplying a
drug referred to in subsection (1) or a listed drug product referred to in
subsection (3) unless the operator has received notice from the physician or registered
nurse in the extended class or from the executive officer that this Act applies
to that supplying.

4 Subsections 16 (1), (3) and (4) of the Act are
repealed and the following substituted:

Unlisted drugs, special case

(1) If an authorized prescriber informs
the executive officer that the proper treatment of a patient who is an eligible
person requires the administration of a drug for which there is not a listed
drug product, the executive officer may make this Act apply in respect of the
supplying of that drug as if it were a listed drug product by so notifying the
prescriber.

. . . . .

Listed drugs, special case

(3) If an authorized prescriber informs
the executive officer that the proper treatment of a patient who is an eligible
person requires the administration of a drug for which there are one or more
listed drug products but for which the conditions for payment under section 23
are not satisfied, the executive officer may make this Act apply in respect of
the supplying of those listed drug products as if the conditions were
satisfied.

Notice to operator

(4) An operator of a pharmacy is not
liable for contravening this Act or the regulations in respect of supplying a
drug referred to in subsection (1) or a listed drug product referred to in
subsection (3) unless the operator has received notice from the authorized
prescriber or from the executive officer that this Act applies to that
supplying.

5 Section 18 of the Act is amended by adding the
following subsection:

Rolling incorporation

(16) A regulation made under subsection
(1) that incorporates another document by reference may provide that the
reference to the document includes amendments made to the document from time to
time after the regulation is made.

5 (1) Section 18 of the Act is amended
by adding the following subsection:

Authorized prescribers

(1.1) The Minister may make regulations
prescribing persons or classes of persons for the purpose of the definition of
"authorized prescriber" in subsection 1 (1).

(2) Subsection 18 (8) of the Act is
amended by adding "and the Minister shall not make any regulation under
subsection (1.1)" before "unless" in the portion before clause (a).

(3) Subsection 18 (8) of the Act is
amended by striking out "and" after clause (c) and by repealing clause (d) and
substituting the following:

(d) the Minister hasconsidered
whatever comments and submissions that members of the public have made on
the proposed regulation in accordance with clause (9) (b) or (c); and

(e) in the case of regulations made by the
Lieutenant Governor in Council, the Minister has reported to the Lieutenant
Governor in Council on what, if any, changes to the proposed regulation the
Minister considers appropriate.

(4) Section 18 of the Act is amended by
adding the following subsection:

Discretion to make regulations, Minister

(11.1) After
considering the comments and submissions mentioned in clause (8) (d), the
Minister, without further notice under subsection (8), may make the proposed
regulation under subsection (1.1) with the changes that the Minister considers
appropriate, whether or not those changes are mentioned in the comments and
submissions.

(5) Subsection 18 (12) of the Act is
amended by striking out "clause 8 (d)" and substituting "clause 8 (e)".

(6) Section 18 of the Act is amended by
adding the following subsection:

Rolling incorporation

(16) A regulation made under subsection
(1) that incorporates another document by reference may provide that the
reference to the document includes amendments made to the document from time to
time after the regulation is made.

Commencement

6
This Schedule comes into force on a day to be named by proclamation of the
Lieutenant Governor.

SCHEDULE 4
REGULATED HEALTH PROFESSIONS ACT, 1991

1
Subsection 1 (1) of the Regulated Health Professions Act,
1991 is amended by adding the following definition:

2 Section 5 of the Act is amended by adding the
following subsections:

Reports and information

(2.1) If the Minister requires a Council
to provide reports and information to the Minister, the Minister may require
that the reports and information contain personal information and personal
health information about any member of the College to the extent necessary in
order to allow the Minister to determine,

(a) whether the College is fulfilling its duties
and carrying out its objects under this Act, a health profession Act, the Drug and Pharmacies Regulation Act or the Drug Interchangeability and Dispensing Fee Act; or

(b) whether the Minister should exercise any
power of the Minister under this Act, or any Act mentioned in clause (a).

Limitations

(2.2) If the Minister requires a Council
to provide reports and information to the Minister, the reports and information,

(a) shall not contain personal information or
personal health information if other information is sufficient for the purposes
set out in subsection (2.1); and

(b) shall not contain more personal information
or personal health information than is necessary for the purposes set out in
subsection (2.1).

3
(1) Subsection 36 (1) of the Act is
amended by adding the following clause:

(b.1) in order to permit the Council to comply
with a requirement issued by the Minister under section 5 of this Act;

(2) Clause
36 (1) (d) of the Act is repealed and the following substituted:

(3) Subsection 36 (1) of the Act is
amended by striking out "or" at the
end of clause (i), by adding "or" at the end of clause (j) and by adding the
following clause:

(k) to the Minister in order to allow the
Minister to determine,

(i) whether
the College is fulfilling its duties and carrying out its objects under this
Act, a health profession Act, the Drug and
Pharmacies Regulation Act or the Drug
Interchangeability and Dispensing Fee Act, or

(ii) whether
the Minister should exercise any power of the Minister under this Act, or any
Act mentioned in subclause (i).

(4) Section
36 of the Act is amended by adding the following subsection:

Restriction

(1.6) Information
disclosed to the Minister under clause (1) (k) shall only be used or disclosed
for the purpose for which it was provided to the Minister or for a consistent
purpose.

4
(1) Subsection 36.1 (1) of the Act is repealed and the following
substituted:

Collection
of personal information by College

(1) At
the request of the Minister, a College shall collect information directly from
members of the College as is reasonably necessary for the purpose of health
human resources planning or research.

(2) Subsections
36.1 (5) and (6) of the Act are repealed and the following substituted:

Use,
collection, disclosure and publication

(5) The
following applies to information collected under subsection (1):

1. The
information may only be used for the purposes set out under subsection (1).

2. The
Minister shall not collect personal information if other information will serve
the purposes set out under subsection (1).

3. The
Minister shall not collect more personal information than is necessary for the
purposes set out under subsection (1).

4. The
Minister may disclose the information only for the purposes set out in
subsection (1).

5. Reports
and other documents using information collected under this section may be
published for the purposes set out under subsection (1), and for those purposes
only, but personal information about a member of a College shall not be
included in those reports or documents.

(3) The
definition of "information" in subsection 36.1 (9) of the Act is repealed and
the following substituted:

"information"
includes personal information about members, but does not include personal
health information; ("renseignements")

(4) Subsection
36.1 (9) of the Act is amended by adding the following definition:

"research"
means the study of data and information in respect of health human resources
planning. ("recherche")

5
The definition of "personal health information" in subsection 36.2 (6) of the
Act is repealed.

6
(1) Subsection 43 (1) of the Act is amended by adding the following
clause:

(o) establishing
criteria for the definition of "patient" in relation to professional misconduct
involving the sexual abuse of a patient for the purposes of subsection 1 (3) of
the Code.

(2) Subsection
43 (1) of the Act is amended by adding the following clauses:

(p) respecting
the composition of committees that a College is required to have pursuant to
subsection 10 (1) of the Code and governing the relationship between such
regulations and the by-laws of the College;

(q) respecting
the qualification, selection, appointment and terms of office of members of
committees that a College is required to have pursuant to subsection 10 (1) of
the Code and governing the relationship between such regulations and the
by-laws of the College;

(r) prescribing
conditions that disqualify committee members from sitting on committees that a
College is required to have pursuant to subsection 10 (1) of the Code and
governing the removal of disqualified committee members and governing the
relationship between such regulations and the by-laws of the College;

(s) specifying
the composition of panels selected from amongst the members of the Registration
Committee, Inquiries, Complaints and Reports Committee, Discipline Committee
and Fitness to Practise Committee for the purposes of subsections 17 (2), 25
(2), 38 (2) and 64 (2) of the Code, and providing for quorum for such panels.

(3) Subsection
43 (1) of the Act is amended by adding the following clause:

(t) prescribing additional information to be
contained in a College's register for the purposes of paragraph 19 of subsection
23 (2) of the Code.

(t) prescribing additional information to be
contained in a College's register for the purposes of paragraph 19 of
subsection 23 (2) of the Code and designating such information as information
subject to subsection 23 (13.1) of the Code.

(4) Subsection
43 (1) of the Act is amended by adding the following clauses:

(u) prescribing
conduct for the purposes of subparagraph 3 vii of subsection 51 (5) of the
Code;

(v) prescribing
offences for the purposes of clause 51 (5.1) (a) of the Code.

(5) Subsection
43 (1) of the Act is amended by adding the following clause:

(w) clarifying
how a College is required to perform its functions under sections 25 to 69 and
72 to 74 of the Code with respect to matters involving allegations of a
member's misconduct of a sexual nature, and providing for further functions and
duties that are not inconsistent with those functions.

(6) Subsection
43 (1) of the Act is amended by adding the following clause:

(x) prescribing
additional functions of the patient relations program for the purposes of subsection
84 (3.1) of the Code.

(7) Subsection
43 (1) of the Act is amended by adding the following clause:

(y) prescribing
additional purposes for which funding may be provided under the program which
Colleges are required to maintain under section 85.7 of the Code, and
prescribing additional persons or classes of persons to whom funding may be
paid for the purposes of subsection 85.7 (8) of the Code.

(8) Subsection 43 (1) of the Act is
amended by adding the following clause:

7
Subsection 1 (6) of Schedule 2 to the Act is repealed and the following
substituted:

Definitions

(6) For
the purposes of subsections (3) and (5),

"patient",
without restricting the ordinary meaning of the term, includes,

(a) an individual who was a member's patient
within the last year or within such longer period of time as may be prescribed,
and

(a) an individual who was a member's patient
within one year or such longer period of time as may be prescribed from the
date on which the individual ceased to be the member's patient, and

(b) an
individual who is determined to be a patient in accordance with the criteria in
any regulations made under clause 43 (1) (o) of the Regulated
Health Professions Act, 1991; ("patient")

"spouse",
in relation to a member, means,

(a) a
person who is the member's spouse as defined in section 1 of the Family Law Act, or

(b) a
person who has lived with the member in a conjugal relationship outside of
marriage continuously for a period of not less than three years. ("conjoint")

8
Section 1.1 of Schedule 2 to the Act is repealed and the following substituted:

Statement
of purpose, sexual abuse provisions

1.1
The
purpose of the provisions of this Code with respect to sexual abuse of patients
by members is to encourage the reporting of such abuse, to provide funding for
therapy and counselling in connection with allegations of sexual abuse by
members and, ultimately, to eradicate the sexual abuse of patients by members.

9
Section 7 of Schedule 2 to the Act is amended by adding the following
subsections:

Posting of meeting information

(1.1) The College shall post on its
website information regarding upcoming meetings of the Council, including the
dates of those meetings and matters to be discussed at those meetings.

Items where public excluded

(1.2) If the Council intends to exclude
the public from any meeting or part of a meeting under subsection (2), the
grounds for doing so shall be noted in the information posted under subsection
(1.1).

Posting of meeting information

(1.1) The College shall post on its
website information regarding upcoming meetings of the Council, including the
dates of those meetings, matters to be discussed at those meetings, and
information and documentation that will be provided to members of the Council
for the purpose of those meetings.

Items where public excluded

(1.2) If the Registrar anticipates that
the Council will exclude the public from any meeting or part of a meeting under
subsection (2), the grounds for doing so shall be noted in the information
posted under subsection (1.1) and information and documentation related to that
meeting or part of that meeting shall not be posted under subsection (1.1).

10
Subsection 10 (3) of Schedule 2 to the Act is repealed and the following
substituted:

Composition

(3) The
composition of the committees shall be in accordance with the by-laws and with
any regulations made pursuant to clauses 43 (1) (p) to (r) of the Regulated Health Professions Act, 1991.

11
Subsections 17 (2) and (3) of Schedule 2 to the Act are repealed and the
following substituted:

Composition
of panels

(2) The
panel selected by the chair shall be composed in accordance with regulations
made pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

Quorum

(3) Quorum
for the panel shall be in accordance with regulations made pursuant to clause 43
(1) (s) of the Regulated Health Professions Act, 1991.

12
(1) Subsection 23 (2) of Schedule 2 to the Act is repealed and the
following substituted:

Contents
of register

(2) The
register shall contain the following:

1. Each
member's name, business address and business telephone number, and, if
applicable, the name of every health profession corporation of which the member
is a shareholder.

2. The name of each former member of the
College, and where a former member is deceased, the date upon which the former
member died, if known to the Registrar.

2. Where a member is deceased, the name of the
deceased member and the date upon which the member died, if known to the
Registrar.

3. The
name, business address and business telephone number of every health profession
corporation.

4. The
names of the shareholders of each health profession corporation who are members
of the College.

5. Each
member's class of registration and specialist status.

6. The
terms, conditions and limitations that are in effect on each certificate of
registration.

7. A
notation of every caution that a member has received from a panel of the
Inquiries, Complaints and Reports Committee under paragraph 3 of subsection 26
(1), and any specified continuing education or remedial programs required by a
panel of the Inquiries, Complaints and Reports Committee using its powers under
paragraph 4 of subsection 26 (1).

8. A
notation of every matter that has been referred by the Inquiries, Complaints
and Reports Committee to the Discipline Committee under section 26 and that has
not been finally resolved, including the date of the referral and the status of
the hearing before a panel of the Discipline Committee, until the matter has
been resolved.

9. A copy of the notice of specified
allegations against a member for every matter that has been referred by the
Inquiries, Complaints and Reports Committee to the Discipline Committee and has
not been finally resolved.

10. The result, including a synopsis of the
decision, of every disciplinary and incapacity proceeding.

11. A notation and synopsis of any
acknowledgements or undertakings in relation to professional misconduct and
incompetence that a member has entered into with the College.

9. A copy of the specified allegations against
a member for every matter that has been referred by the Inquiries, Complaints
and Reports Committee to the Discipline Committee under section 26 and that has
not been finally resolved.

10. Every result of a disciplinary or incapacity
proceeding.

11. A notation and synopsis of any
acknowledgements and undertakings in relation to matters involving allegations
of professional misconduct or incompetence before the Inquiries, Complaints and
Reports Committee or the Discipline Committee that a member has entered into
with the College and that are in effect.

12. A
notation of every finding of professional negligence or malpractice, which may
or may not relate to the member's suitability to practise, made against the
member, unless the finding is reversed on appeal.

13. A
notation of every revocation or suspension of a certificate of registration.

14. A
notation of every revocation or suspension of a certificate of authorization.

15. Information
that a panel of the Registration Committee, Discipline Committee or Fitness to
Practise Committee specifies shall be included.

16. Where
findings of the Discipline Committee are appealed, a notation that they are
under appeal, until the appeal is finally disposed of.

17. Where,
during or as a result of a proceeding under section 25, a member has resigned
and agreed never to practise again in Ontario, a notation of the resignation
and agreement.

18. Where
the College has an inspection program established under clause 95 (1) (h) or
(h.1), the outcomes of inspections conducted by the college.

19. Information
that is required to be kept in the register in accordance with regulations made
pursuant to clause 43 (1) (t) of the Regulated Health
Professions Act, 1991.

20. Information
that is required to be kept in the register in accordance with the by-laws.

(2) Subsection
23 (4) of Schedule 2 to the Act is amended by striking out "paragraph 11" and
substituting "paragraph 15".

(3) Subsection
23 (5) of Schedule 2 to the Act is repealed and the following substituted:

Access
to information by the public

(5) All
of the information required by paragraphs 1 to 19 of subsection (2) and all
information designated as public in the by-laws shall, subject to subsections
(6), (7), (8), (9) and (11), be made available to an individual during normal
business hours, and shall be posted on the College's website within a
reasonable amount of time of the Registrar having received the information and
in a manner that is accessible to the public or in any other manner and form
specified by the Minister.

(4) Subsection
23 (11) of Schedule 2 to the Act is amended by striking out "paragraph 7" in
the portion before clause (a) and substituting "paragraph 10".

(5) Clause
23 (11) (d) of Schedule 2 to the Act is amended by striking out "clause (a) or
(b)" and substituting "clause (a), (b) or (c)."

(5.1) Section 23 of Schedule 2 to the
Act is amended by adding the following subsection:

Other cases when information may be withheld

(11.1) The Registrar shall refuse to
disclose to an individual or to post on the College's website information
required by paragraph 10 of subsection (2) if,

(a) the result of a discipline proceeding was
that no finding of professional misconduct or incompetence was made against the
member; and

(b) more than 90 days have passed since the
information was prepared or last updated, unless before the expiry of the 90
days the member to whom the information relates specifically requests in
writing that the Registrar continue to maintain public access to the
information.

(6) Section
23 of Schedule 2 to the Act is amended by adding the following subsection:

Correction of information

(13.1) The Registrar shall correct any
information contained in the register where a member demonstrates, to the
satisfaction of the Registrar, that the information contained in the register
is incomplete or inaccurate and where the member provides the Registrar with
the information that is necessary to enable the Registrar to correct the
incomplete or inaccurate information.

Correction of information

(13.1) The Registrar shall correct any
information contained in the register that is required by paragraph 12 of
subsection (2) or that is both required by paragraph 19 of subsection (2) and
designated as subject to this subsection in a regulation made under clause 43
(1) (t) of the Regulated Health Professions Act, 1991,
where a member demonstrates, to the satisfaction of the Registrar, that the
information contained in the register is incomplete or inaccurate and where the
member provides the Registrar with the information that is necessary to enable
the Registrar to correct the incomplete or inaccurate information.

(7) Subsection
23 (14) of Schedule 2 to the Act is repealed and the following substituted:

Meaning of results of proceeding

(14) For the purpose of this section and
section 56,

"result", when used in reference to a disciplinary
or incapacity proceeding, means the panel's finding, particulars of the grounds
for the finding, and the order made, including any reprimand, and where the
panel has made no finding, includes the failure to make a finding.

Meaning of results of proceeding

(14) For the purpose of this section and
section 56,

"result",

(a) when used in reference to a disciplinary
proceeding, means the panel's finding that the member committed an act of
professional misconduct or was incompetent, particulars of the grounds for the
finding, a synopsis of the decision and the order made, including any
reprimand, and where the panel has made no such finding, includes a notation
that no such finding was made and the reason why no such finding was made, and

(b) when used in reference to an incapacity
proceeding, means the panel's finding that the member is incapacitated and the
order made by the panel.

13
Subsections 25 (2) and (3) of Schedule 2 to the Act are repealed and the
following substituted:

Composition
of panels

(2) The
panel selected by the chair shall be composed in accordance with regulations made
pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

Quorum

(3) Quorum
for the panel shall be in accordance with regulations made pursuant to clause 43
(1) (s) of the Regulated Health Professions Act, 1991.

14
Subsection 25.1 (4) of Schedule 2 to the Act is repealed and the following
substituted:

Ratification
of resolution

(4) If
the complainant and the member reach a resolution of the complaint through
alternative dispute resolution, they shall advise the Registrar of the
resolution, and the Registrar may,

(a) adopt
the proposed resolution; or

(b) refer
the decision of whether or not to adopt the proposed resolution to the panel.

Referral
to panel

(5) Where
the Registrar makes a referral to the panel under clause (4) (b), the panel
may,

(a) adopt
the proposed resolution; or

(b) continue
with its investigation of the complaint.

Time
limit for ADR

(6) If
the complainant and the member do not reach a resolution of the complaint
within 60 days of a referral to alternative dispute resolution under subsection
(1), the Registrar or the panel shall not adopt any resolution reached after
that date and the panel shall proceed with its investigation of the complaint.

Extension
of time

(7) Despite
subsection (6), the Registrar or the panel may, where the Registrar or the
panel believes it is in the public interest to do so, and with the agreement of
the complainant and the member, adopt a resolution reached within 120 days of a
referral to alternative dispute resolution under subsection (1).

15
Schedule 2 to the Act is amended by adding the following sections:

Withdrawal of complaint by Registrar

25.3 (1) At any time following the receipt of
a complaint regarding the conduct or actions of a member and prior to any action
being taken by a panel of the Inquiries, Complaints and Reports Committee under
subsection 26 (1), the Registrar may, at the request of the complainant,
withdraw the complaint.

Notice to member

(2) The Registrar shall give the member,
within 14 days of the Registrar having withdrawn the complaint, notice that the
complaint has been withdrawn.

Withdrawal of complaint by Registrar

25.3(1) At any time following the receipt of
a complaint regarding the conduct or actions of a member and prior to any
action being taken by a panel of the Inquiries, Complaints and Reports
Committee under subsection 26 (1), the Registrar may, at the request of the
complainant, withdraw the complaint if the Registrar believes that the
withdrawal is in the public interest.

Notice

(2) The Registrar shall give the
complainant and the member, within 14 days of the Registrar having withdrawn
the complaint, notice that the complaint has been withdrawn.

Interim suspension

25.4 (1) The Inquiries, Complaints and
Reports Committee or a panel of the Committee may, subject to subsections (2)
and (6), at any time following the receipt of a complaint or report make an
interim order directing the Registrar to suspend, or to impose terms,
conditions or limitations on, a member's certificate of registration if it is
of the opinion that the conduct of the member or the member's physical or
mental state exposes or is likely to expose the member's patients to harm or
injury.

No gender-based terms, conditions, limitations

(2) Despite subsection (1), the
Inquiries, Complaints and Reports Committee and its panels shall not make an
interim order directing the Registrar to impose any gender-based terms,
conditions or limitations on a member's certificate of registration.

Procedure following interim suspension

(3) If an order is made under subsection
(1) by the Inquiries, Complaints and Reports Committee or a panel,

(a) the matter shall be investigated and
prosecuted expeditiously; and

(b) the Inquiries, Complaints and Reports Committee,
the Discipline Committee and the Fitness to Practise Committee, as the case may
be, shall give precedence to the matter.

Duration of order

(4) An order under subsection (1)
continues in force until the matter is withdrawn, resolved by way of an
alternative dispute resolution process or otherwise disposed of by a panel of
the Inquiries, Complaints and Reports Committee, the Discipline Committee or
the Fitness to Practise Committee.

Panel's order

(5) In a matter in which an order under
subsection (1) was made, an order of a panel of the Discipline Committee or the
Fitness to Practise Committee directing the Registrar to revoke, suspend or
impose conditions on a member's certificate takes effect immediately despite
any appeal.

Restrictions on orders

(6) No order shall be made under
subsection (1) unless the member has been given,

(a) notice of the intention to make the order;
and

(b) at least 14 days to make written submissions
to the Committee or panel.

Extraordinary action to protect public

(7) Despite subsection (6), an order may
be made under subsection (1) without notice to the member, subject to the right
of the member to make submissions while the suspension or the terms, conditions
or limitations are in place, if the Committee or panel is of the opinion, on reasonable
and probable grounds, that the conduct of the member or the member's physical
or mental state exposes or is likely to expose the member's patients to harm or
injury and urgent intervention is needed.

Interim suspension

25.4(1) The Inquiries, Complaints and
Reports Committee may, subject to subsections (2) and (6), at any time
following the receipt of a complaint or following the appointment of an
investigator pursuant to subsection 75 (1) or (2), make an interim order
directing the Registrar to suspend, or to impose terms, conditions or
limitations on, a member's certificate of registration if it is of the opinion
that the conduct of the member exposes or is likely to expose the member's
patients to harm or injury.

No gender-based terms, conditions, limitations

(2) Despite subsection (1), the
Inquiries, Complaints and Reports Committee shall not make an interim order
directing the Registrar to impose any gender-based terms, conditions or
limitations on a member's certificate of registration.

Procedure following interim suspension

(3) If an order is made under subsection
(1) by the Inquiries, Complaints and Reports Committee,

(a) the matter shall be investigated and
prosecuted expeditiously; and

(b) the Inquiries, Complaints and Reports
Committee, the Discipline Committee or the Fitness to Practise Committee, as
the case may be, shall give precedence to the matter.

Duration of order

(4) An order under subsection (1)
continues in force until it is varied by the Inquiries, Complaints and Reports
Committee or until the matter is withdrawn, resolved by way of an alternative
dispute resolution process or otherwise finally disposed of by a panel of the
Inquiries, Complaints and Reports Committee, the Discipline Committee or the
Fitness to Practise Committee.

Panel's order

(5) In a matter in which an order under
subsection (1) was made, an order of a panel of the Discipline Committee or the
Fitness to Practise Committee directing the Registrar to revoke, suspend or
impose conditions on a member's certificate takes effect immediately despite
any appeal.

Restrictions on orders

(6) No order shall be made under
subsection (1) unless the member has been given,

(a) notice of the intention to make the order;

(b) at least 14 days to make written submissions
to the Committee; and

(c) a copy of the provisions of this section.

Extraordinary action to protect public

(7) Despite subsection (6), an order may
be made under subsection (1) without notice to the member, subject to the right
of the member to make submissions while the suspension or the terms, conditions
or limitations are in place, if the Committee is of the opinion, on reasonable
and probable grounds, that the conduct of the member exposes or is likely to
expose the member's patients to harm or injury and urgent intervention is
needed.

16
Subsection 28 (2) of Schedule 2 to the Act is repealed and the following
substituted:

Impact
of ADR on timelines

(2) Time
spent by a complainant and member in an alternative dispute resolution process
pursuant to a referral under section 25.1 shall not be included in the calculation
of time under this section.

17
Section 37 of Schedule 2 to the Act is repealed.

18 (1) Subsections
38 (2) and (3) of Schedule 2 to the Act are repealed and the following
substituted:

Composition

(2) The
panel selected by the chair shall be composed in accordance with regulations made
pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

(2) Subsection
38 (5) of Schedule 2 to the Act is repealed and the following substituted:

Quorum

(5) Quorum
for the panel shall be in accordance with regulations made pursuant to clause
43 (1) (s) of the Regulated Health Professions Act, 1991.

18.1Schedule 2 to the Act is amended by adding the
following section:

Production orders

42.2(1) Where, in relation to a hearing
involving allegations of a member's misconduct of a sexual nature, the member
seeks an order of the panel of the Discipline Committee for the production and
disclosure of a record that contains information for which there is a reasonable
expectation of privacy from a person who is not a party to the hearing, any one
or more of the following assertions made by the member are not sufficient on
their own to establish that the record is likely relevant to an issue in the
hearing or to the competence of a witness to testify:

1. That the record exists.

2. That the record relates to medical or
psychiatric treatment, therapy or counselling that the complainant or a witness
has received or is receiving.

3. That the record relates to the incident
that is the subject-matter of the proceedings.

4. That the record may disclose a prior
inconsistent statement of the complainant or a witness.

5. That the record may relate to the
credibility of the complainant or a witness.

6. That the record may relate to the
reliability of the testimony of the complainant or a witness merely because the
complainant or witness has received or is receiving psychiatric treatment,
therapy or counselling.

7. That the record may reveal allegations of
sexual abuse of the complainant or a witness by a person other than the member.

8. That the record relates to the sexual
activity of the complainant or a witness with any person, including the member.

9. That the record relates to the presence or
absence of a recent complaint.

10. That the record relates to the sexual
reputation of the complainant or a witness.

11. That the record was made close in time to a
complaint or report or to the activity that forms the subject-matter of the
allegation against the member.

Same

(2) A panel of the Discipline Committee
may order the person who has possession or control of the record to produce the
record or part of the record if the panel is satisfied that the member has
established that the record is likely relevant to an issue in the hearing or to
the competence of a witness to testify in the hearing and the production of the
record is necessary in the interest of justice.

Factors to be considered

(3) In determining whether to grant an
order for the production of records in accordance with this section, the panel
shall consider,

(a) the regulatory nature of the proceedings;

(b) the primary purpose of the proceedings,
which is to protect the public and regulate the profession in the public
interest;

(c) the privacy interest of the complainant or
a witness in the record sought; and

(d) the nature and purpose of the record sought
in the motion.

Standing

(4) Despite
subsection 41.1(1), the panel shall, upon the application of any person who has
a privacy interest in the records referred to in subsection (1) of this
section, grant the person standing on the member's motion for production of the
records.

Interpretation

(5) In subsection (1),

"allegations of a member's misconduct of a sexual
nature" include, but are not limited to, allegations that the member sexually
abused a patient.

19 (0.1) Clause
51 (1) (b) of Schedule 2 to the Act is repealed and the following substituted:

(b) the governing body of another health
profession in Ontario, or the governing body of a health profession in a
jurisdiction other than Ontario, has found that the member committed an act of
professional misconduct that would, in the opinion of the panel, be an act of
professional misconduct under this section or an act of professional misconduct
as defined in the regulations;

19(1) Section
51 of Schedule 2 to the Act is amended by adding the following subsections:

No
gender-based terms, conditions, limitations

(4.1) In
making an order under paragraph 3 of subsection (2), a panel shall not make any
order directing the Registrar to impose any gender-based terms, conditions or
limitations on a member's certificate of registration.

Interim suspension of certificate

(4.2) If a panel finds a member has
committed an act of professional misconduct by sexually abusing a patient and
the sexual abuse involves conduct listed under subparagraphs 3 i to vii of
subsection (5), the panel shall immediately make an interim order suspending
the member's certificate of registration until such time as the panel makes an
order under subsection (5).

Interim suspension of certificate

(4.2) The panel shall immediately make
an interim order suspending a member's certificate of registration until such
time as the panel makes an order under subsection (5) or (5.1) if the panel
finds that the member has committed an act of professional misconduct,

(a) under clause (1) (a) and the offence is
prescribed for the purposes of clause (5.1) (a) in a regulation made under
clause 43 (1) (v) of the Regulated Health Professions Act,
1991;

(b) under clause (1) (b) and the misconduct
includes or consists of any of the conduct listed in paragraph 3 of subsection
(5); or

(c) by sexually abusing a patient and the
sexual abuse involves conduct listed under subparagraphs 3 i to vii of subsection
(5).

Non-application to mandatory orders

(4.3) For greater certainty, subsection
(4) does not apply to a mandatory order made under subsection (5) or a
mandatory order made under subsection (5.1).

(2) Subsection
51 (5) of Schedule 2 to the Act is repealed and the following substituted:

Orders
relating to sexual abuse

(5) If
a panel finds a member has committed an act of professional misconduct by
sexually abusing a patient, the panel shall do the following in addition to
anything else the panel may do under subsection (2):

1. Reprimand
the member.

2. Suspend
the member's certificate of registration if the sexual abuse does not consist
of or include conduct listed in paragraph 3 and the panel has not otherwise
made an order revoking the member's certificate of registration under
subsection (2).

3. Revoke
the member's certificate of registration if the sexual abuse consisted of, or
included, any of the following:

i. Sexual
intercourse.

ii. Genital
to genital, genital to anal, oral to genital or oral to anal contact.

iii. Masturbation
of the member by, or in the presence of, the patient.

iv. Masturbation
of the patient by the member.

v. Encouraging
the patient to masturbate in the presence of the member.

vi. Touching of the patient's genitals,
anus, breasts or buttocks.

vii. Other conduct prescribed in
regulations made pursuant to clause 43 (1) (u) of the Regulated
Health Professions Act, 1991.

vi. Touching of a sexual nature of the
patient's genitals, anus, breasts or buttocks.

vii. Other conduct of a sexual nature
prescribed in regulations made pursuant to clause 43 (1) (u) of the Regulated Health Professions Act, 1991.

Interpretation

(5.0.1) For greater certainty, for the
purposes of subsection (5),

"sexual nature" does not include touching or
conduct of a clinical nature appropriate to the service provided.

Mandatory
revocation

(5.1) The
panel shall, in addition to anything else the panel may do under subsection
(2), reprimand the member and revoke the member's certificate of registration
if,

(a) the
member has been found guilty of professional misconduct under clause (1) (a)
and the offence is prescribed in a regulation made under clause 43 (1) (v) of
the Regulated Health Professions Act, 1991; or

(b) the
member has been found guilty of professional misconduct under clause (1) (b)
and the misconduct includes or consists of any of the conduct listed in
paragraph 3 of subsection (5).

20 Section 62 of Schedule 2 to the Act is repealed.

20 Section 62 of Schedule 2 to the Act is repealed
and the following substituted:

Interim suspension

62 (1) The
panel may, subject to section 63, make an interim order directing the Registrar
to suspend or impose terms, conditions or limitations on a member's certificate
of registration if it is of the opinion that the physical or mental state of
the member exposes or is likely to expose his or her patients to harm or
injury.

No gender-based terms

(2) Despite subsection (1), the panel
shall not make an interim order directing the Registrar to impose any gender-based
terms, conditions or limitations on a member's certificate of registration.

Procedure following interim suspension

(3) If an order is made under subsection
(1) in relation to a matter,

(a) the College shall inquire into and prosecute
the matter expeditiously; and

(b) the Inquiries, Complaints and Reports
Committee and the Fitness to Practise Committee shall give precedence to the
matter.

Duration of order

(4) An order under subsection (1)
continues in force until it is varied by the panel of the Inquiries, Complaints
and Reports Committee or until the matter is finally disposed of by a panel of
the Inquiries, Complaints and Reports Committee or the Fitness to Practise
Committee.

21
Subsection 63 (1) of Schedule 2 to the Act is repealed and the following
substituted:

Restrictions on orders

(1) No order shall be made with respect
to a member under subsection 59 (2) unless the member has been given,

(a) notice of the intention to make the order;
and

(b) at least 14 days to make written submissions
to the panel.

Restrictions on orders

(1) No order shall be made with respect
to a member under subsection 59 (2) or subsection 62 (1) unless the member has
been given,

(a) notice of the intention to make the order;

(b) at least 14 days to make written submissions
to the panel; and

(c) in the case of an order under subsection 62
(1), a copy of the provisions of section 62.

22
Subsections 64 (2) and (3) of Schedule 2 to the Act are repealed and the
following substituted:

Composition
of panels

(2) The
panel selected by the chair shall be composed in accordance with regulations
made pursuant to clauses 43 (1) (p) to (s) of the Regulated
Health Professions Act, 1991.

Quorum

(3) Quorum
for the panel shall be in accordance with regulations made pursuant to clause
43 (1) (s) of the Regulated Health Professions Act, 1991.

23
Section 71.1 of Schedule 2 to the Act is repealed and the following
substituted:

No
stay of certain orders pending appeal

71.1
Section
71 also applies to an order made by a panel of the Discipline Committee because
of a finding that a member has committed sexual abuse of the kind described in
paragraph 3 of subsection 51 (5) or an act of professional misconduct described
in subsection 51 (5.1).

24
Paragraph 3 of subsection 73 (3) of Schedule 2 to the Act is repealed.

25
Section 84 of Schedule 2 to the Act is amended by adding the following
subsection:

Other
functions

(3.1) The
patient relations program shall perform any other functions that are prescribed
in regulations made under clause 43 (1) (x) of the Regulated
Health Professions Act, 1991.

26
Schedule 2 to the Act is amended by adding the following section:

Reporting
by members re: other professional memberships and findings

85.6.3
(1) A
member shall advise the Registrar in writing if the member is a member of another
body that governs a profession inside or outside of Ontario.

Findings
of misconduct or incompetence

(2) A
member shall file a report in writing with the Registrar if there has been a
finding of professional misconduct or incompetence made against the member by
another body that governs a profession inside or outside of Ontario.

Timing
of report

(3) The
report must be filed as soon as reasonably practicable after the member
receives notice of the finding made against the member.

Contents
of report

(4) The
report must contain,

(a) the
name of the member filing the report;

(b) the
nature of, and a description of, the finding;

(c) the
date that the finding was made against the member;

(d) the
name and location of the body that made the finding against the member; and

(e) the
status of any appeal initiated respecting the finding made against the member.

Publication
ban

(5) The
report shall not contain any information that violates a publication ban.

Same

(6) No
action shall be taken under this section which violates a publication ban and
nothing in this section requires or authorizes the violation of a publication
ban.

Additional
reports

(7) A
member who files a report under subsection (1) shall file an additional report
if there is a change in status of the finding made against the member as the
result of an appeal.

27
Schedule 2 to the Act is amended by adding the following section:

Reporting
by members re: charges and bail conditions

85.6.4
(1) A
member shall file a report in writing with the Registrar if the member has been
charged with an offence, and the report shall include information about every
bail condition imposed on the member as a result of the charge.

Timing
of report

(2) The
report must be filed as soon as reasonably practicable after the member
receives notice of the charge.

Contents
of report

(3) The
report must contain,

(a) the
name of the member filing the report;

(b) the
nature of, and a description of, the charge;

(c) the
date the charge was laid against the member;

(d) the
jurisdiction in which the charge was laid;

(e) every
bail condition imposed on the member as a result of the charge; and

(f) the
status of any proceedings with respect to the charge.

Reporting by members re: charges and bail
conditions, etc.

85.6.4 (1) A
member shall file a report in writing with the Registrar if the member has been
charged with an offence, and the report shall include information about every
bail condition or other restriction imposed on, or agreed to, by the member in
connection with the charge.

Timing of report

(2) The report must be filed as soon as
reasonably practicable after the member receives notice of the charge, bail
condition or restriction.

Contents of report

(3) The report must contain,

(a) the name of the member filing the report;

(b) the nature of, and a description of, the
charge;

(c) the date the charge was laid against the
member;

(d) the name and location of the court in which
the charge was laid or in which the bail condition or restriction was imposed
on or agreed to by the member;

(e) every bail condition imposed on the member
as a result of the charge;

(f) any other restriction imposed on or agreed
to by the member relating to the charge; and

(g) the status of any proceedings with respect
to the charge.

Publication
ban

(4) The
report shall not contain any information that violates a publication ban.

Same

(5) No
action shall be taken under this section which violates a publication ban and
nothing in this section requires or authorizes the violation of a publication
ban.

Additional
reports

(6) A
member who files a report under subsection (1) shall file an additional report
if there is a change in the status of the charge or bail conditions.

28
(1) Subsection 85.7 (1) of Schedule 2 to the Act is repealed and the
following substituted:

Funding
provided by College

(1) There
shall be a program, established by the College, to provide funding for the
following purposes in connection with allegations of sexual abuse by members:

1. Therapy
and counselling for persons alleging sexual abuse by a member.

2. Any
other purposes prescribed in regulations made under clause 43 (1) (y) of the Regulated Health Professions Act, 1991.

(2) Subsections
85.7 (4) and (5) of Schedule 2 to the Act are repealed and the following
substituted:

Eligibility

(4) A person is eligible for funding if it
is alleged, in a complaint or report, that the person was sexually abused by a
member while the person was a patient of the member.

Eligibility

(4) A person is eligible for funding if,

(a) it is alleged, in a complaint or report,
that the person was sexually abused by a member while the person was a patient
of the member; or

(b) the alternative requirements prescribed in
the regulations made by the Council are satisfied.

Timing

(5) Where
a request is made for funding pursuant to subsection (1), a determination of
the person's eligibility for such funding in accordance with subsection (4)
shall be made within a reasonable period of time of the request having been received.

Not
a finding

(5.1) The
determination of a person's eligibility for funding in accordance with
subsection (4) does not constitute a finding against the member and shall not
be considered by any other committee of the College dealing with the member.

Cessation
of eligibility

(5.2) Despite
subsection (4), a person's eligibility to receive funding pursuant to
subsection (1) ceases upon the occurrence of any of the prescribed
circumstances.

(3) Subsections
85.7 (8) to (12) of Schedule 2 to the Act are repealed and the following
substituted:

Payment

(8) Funding
shall be paid only to the therapist or counsellor chosen by the person or to
other persons or classes of persons prescribed in any regulation made under
clause 43 (1) (y) of the Regulated Health Professions Act,
1991.

Use
of funding

(9) Funding
shall be used only to pay for therapy or counselling and for any other purposes
prescribed in any regulation made under clause 43 (1) (y) of the Regulated Health Professions Act, 1991 and shall not be
applied directly or indirectly for any other purpose.

Same

(10) Funding
may be used to pay for therapy or counselling that was provided at any time
after the alleged sexual abuse took place.

Other
coverage

(11) The
funding that is provided to a person for therapy and counselling shall be
reduced by the amount that the Ontario Health Insurance Plan or a private
insurer is required to pay for therapy or counselling for the person during the
period of time during which funding may be provided for the person under the
program.

Right
of recovery

(12) The
College is entitled to recover from the member, in a proceeding brought in a
court of competent jurisdiction, money paid in accordance with this section for
an eligible person referred to in subsection (4).

29
Subsection 93 (2) of Schedule 2 to the Act is repealed and the following
substituted:

Same

(2) Every
person who contravenes subsection 85.1 (1) or 85.4 (1) is guilty of an offence
and on conviction is liable to a fine of not more than $50,000.

Sexual
abuse reporting by facilities

(3) Despite
subsection (1), every person who contravenes subsection 85.2 (1) in respect of
a matter concerning the sexual abuse of a patient is guilty of an offence and
on conviction is liable,

(a) in
the case of an individual to a fine of not more than $50,000; or

(b) in
the case of a corporation to a fine of not more than $200,000.

30
(1) Clauses 94 (1) (h.1) to (h.4) of Schedule 2 to the Act are
repealed and the following substituted:

(h.1) subject
to the regulations made under clauses 43 (1) (p) to (s) of the Regulated Health Professions Act, 1991,

(i) respecting
the filling of vacancies on the Council or on committees,

(ii) providing
for the composition of committees,

(iii) respecting
the qualification, selection, appointment and terms of office of members of
committees required by subsection 10 (1) who are not members of the Council,

(iv) prescribing
conditions that disqualify committee members from sitting on committees required
under subsection 10 (1) and governing the removal of disqualified committee members;

(2) Clause
94 (1) (l.2) of Schedule 2 to the Act is repealed and the following
substituted:

(l.2) specifying
information as information to be kept in the register for the purposes of
paragraph 20 of subsection 23 (2), designating information kept in the register
as public for the purposes of subsection 23 (5), and designating information
kept in the register as public for the purposes of subsection 23 (5) that may
be withheld from the public for the purposes of subsection 23 (6);

31 Clause 95 (1) (q) of Schedule 2 to the Act is repealed.

31 Subsection 95 (1) of Schedule 2 to the Act
is amended by adding the following clause:

(q.1) prescribing the circumstances in respect of
which a person's eligibility for funding ceases for the purposes of subsection
85.7 (5.2);

Commencement

32
(1) Subject to subsection (2), this Schedule comes into force on the
day the Protecting Patients Act, 2017 receives
Royal Assent.

(2) The
following provisions come into force on a day to be named by proclamation of
the Lieutenant Governor:

1. Subsections
6 (1), (2) and (7).

2. Section
7.

3. Section
8.

4. Section
10.

5. Section
11.

6. Section
13.

7. Section
18.

7.1 Section 18.1.

8. Section
22.

9. Section
24.

10. Section
26.

11. Section
27.

12. Section
28.

13. Subsection
30 (1).

14. Section
31.

SCHEDULE 5
Seniors Active Living Centres Act, 2017

Interpretation and Administration

Definitions

1
In
this Act,

"approval"
means an approval of an operator or a program issued under section 4; ("agrément")

"director"
means the director appointed under section 2; ("directeur")

"Minister"
means the Minister Responsible for Seniors Affairs or any other member of the
Executive Council to whom the responsibility for the administration of this Act
is assigned under the Executive Council Act; ("ministre")

"operator" means a corporation, partnership or
other entity that establishes, maintains or operates a program; ("prestataire")

"operator" means a corporation that establishes,
maintains or operates a program, where the corporation is a corporation without
share capital having objects of a charitable nature,

(a) to which Part III of the Corporations Act applies, or

(b) that
is incorporated under a general or special Act of the Parliament of Canada; ("prestataire")

"program"
means a program whose purpose is described in subsection 4 (3); ("programme")

"regulations"
means the regulations made under this Act. ("règlement")

Director

2
(1) The
Minister shall appoint an individual, in writing, as the director for the
purposes of this Act and the regulations from among the public servants who are
employed under Part III of the Public Service of Ontario
Act, 2006 and who work in the Ontario Seniors' Secretariat.

Restrictions
on appointment

(2) The
Minister may specify, in the appointment, conditions or restrictions to which
the appointment is subject.

Delegation
of powers and duties

(3) The
director may delegate his or her powers or duties under the appointment.

Approvals

Approvals
required for grants

3
No
operator shall receive a payment under section 8 to establish, maintain or
operate a program unless the director has approved both the operator and the
program.

Issuance
of approvals

4
(1) In
order to obtain an approval of itself or an approval of a program, an operator
shall apply to the director in accordance with this Act and the regulations and
shall provide the director with the documents and information specified in the
regulations and the other documents and information that the director
reasonably requires.

Approval
of operator

(2) The
director shall approve an operator that applies for approval if the director is
satisfied that the operator,

(a) is
financially capable of establishing, maintaining and operating a program;

(b) will
carry on the program under competent management in good faith; and

(c) meets
the other criteria, if any, that are prescribed by the regulations.

Approval
of program

(3) The
director shall approve a program if the operator of the program applies for the
approval and if the director is satisfied that,

(a) the
purpose of the program is to promote active and healthy living, social
engagement and learning for persons who are primarily seniors by providing them
with activities and services; and

(b) the
program meets the other criteria, if any, that are prescribed by the
regulations.

Refusal
to approve an operator

(4) Subject
to section 5, the director shall refuse to approve an operator if, in the
opinion of the director, the operator has not complied with subsection (1) or
the criteria set out in subsection (2) have not been met.

Refusal
to approve a program

(5) Subject
to section 5, the director shall refuse to approve a program if, in the opinion
of the director, the operator has not complied with subsection (1) or the criteria
set out in subsection (3) have not been met.

No
hearing required

5
(1) The
director is not required to hold an oral hearing or to afford a person an
opportunity for a hearing before doing anything under section 4.

Non-application
of Statutory Powers Procedure Act

(2) The
Statutory Powers Procedure Act does not apply to
anything done by the director under section 4.

Notice
of intent to make decision

(3) The
director shall not make a decision to refuse to issue an approval to an applicant
unless, before doing so, the director,

(a) serves
a notice of intent to make the decision on the applicant in accordance with
subsection (4);

(b) gives
the applicant an opportunity to make written submissions with respect to the
proposed decision in accordance with subsection (5); and

(c) reviews
the written submissions, if any, made by the applicant in accordance with
subsection (5).

Content
of notice of intent

(4) A
notice of intent shall,

(a) set
out the proposed decision and the reasons for it; and

(b) state
that the applicant may provide written submissions to the director in
accordance with subsection (5).

Written
submissions

(5) An
applicant that is served with a notice of intent may provide written
submissions to the director with respect to any matter set out in the notice,
within 15 days after the day the notice of intent was served on the applicant
or within whatever other period is specified in the notice.

Refusal
of approval

6
If
the director makes a decision to refuse to issue an approval to an applicant,

(a) the
director shall serve the applicant with a notice of decision setting out the
decision and the reasons for it; and

(b) the
applicant may reapply to the director for approval if the applicant satisfies
the director that new or other evidence is available or that material
circumstances have changed.

Director's
decision final

7
(1) A
decision made by the director under section 4 is final and not subject to
appeal.

No
judicial review

(2) Despite
any other Act or law, no person may bring an application for judicial review of
a decision made by the director under section 4.

Payment of Grants

Maintenance
and operating grants

8
(1) Subject
to subsections (3) and (4), the Minister may direct that an amount be paid, out
of the money appropriated for that purpose by the Legislature, to an approved
operator towards the cost of maintaining and operating an approved program.

Amount
of payment

(2) The
Minister has discretion to determine the amount of the payment.

Contribution
if program in a municipality

(3) No
payment shall be made to an approved operator with respect to an approved
program that the operator will maintain and operate in a municipality unless
one of the following, as the Minister determines, directs payment to the operator
of a sum equal to at least the amount determined in accordance with subsection
(5) or, if the Minister approves, contributes personal property or services
that are equivalent in value to at least that amount:

1. The
council of any one municipality.

2. The
council of any one municipality, together with the councils of one or more
contiguous municipalities.

3. The
other entities, if any, that are prescribed.

Contribution
if program not in a municipality

(4) No
payment shall be made to an approved operator with respect to an approved
program that the operator will maintain and operate in a location, other than a
municipality, unless the entities, if any, that are prescribed,

(a) direct
payment to the operator of a sum equal to at least the amount determined in
accordance with subsection (5); or

(b) if
the Minister approves, contribute personal property or services that are
equivalent in value to at least the amount described in clause (a).

Amount
of contribution

(5) Subject
to the regulations, the amount mentioned in subsection (3) or (4) is,

(a) the
amount equal to 20 per cent of the net annual cost to the approved operator of
maintaining and operating the approved program, if the operator was approved on
or after April 1, 2008 under this Act or the Elderly
Persons Centres Act, as it read at the time of the approval; or

(b) the
amount equal to 20 per cent of the net annual cost to the approved operator in
the operator's 2007-2008 fiscal year of maintaining and operating the approved
program, if the operator was approved before April 1, 2008 under the Elderly Persons Centres Act, as it read at the time of
the approval.

Special
grants

9
(1) If
the Minister directs that an amount be paid to an approved operator under
subsection 8 (1) towards the cost of maintaining and operating an approved
program, the Minister may, in addition, direct that an amount be paid, out of
the money appropriated for that purpose by the Legislature, on a one-time basis
to the operator towards the cost of maintaining and operating the program.

No
contributions

(2) For
greater certainty, subsections 8 (3) and (4) do not apply to a payment made
under subsection (1).

Repayment
of grants if approval ceases

10
If
an approved operator ceases to meet the criteria for approval set out in subsection
4 (2) or if the program that the operator operates ceases to meet the criteria
for approval set out in subsection 4 (3), the director may determine, on a
reasonable basis, what part of any payment that the operator has received under
this Act is to be repaid to the Crown.

General

Regulations

11 (1) The
Lieutenant Governor in Council may make regulations,

(a) specifying
anything that this Act describes as prescribed or specified in the regulations
or done by or in accordance with the regulations;

(b) governing
applications for approvals;

(c) setting
a percentage for the purposes of subsection 8 (5) that differs from the one set
out in that subsection;

(d) governing
how the annual cost mentioned in subsection 8 (5) is to be determined;

(e) governing
repayments described in section 10.

Scope

(2) A
regulation may be general or specific in its application to any person, place
or thing or any class of them, may impose different requirements, conditions or
restrictions on or in respect of any class and may be limited as to time and
place.

Classes

(3) A
class described in a regulation may be described according to any
characteristic or combination of characteristics and may be described to
include or exclude any specified member, whether or not with the same characteristics.

Amendment to this Act

12
Subsection 8 (5) of this Act is repealed and the following substituted:

Amount
of contribution

(5) Subject
to the regulations, the amount mentioned in subsection (3) or (4) is the amount
equal to 20 per cent of the net annual cost to the approved operator of maintaining
and operating the approved program.

Bill 87 2016

An Act to implement
health measures and measures relating to seniors by enacting, amending or
repealing various statutes

CONTENTS

1.

Contents
of this Act

2.

Commencement

3.

Short
title

Schedule
1

Immunization
of School Pupils Act

Schedule
2

Laboratory
and Specimen Collection Centre Licensing Act

Schedule
3

Ontario
Drug Benefit Act

Schedule
4

Regulated
Health Professions Act, 1991

Schedule
5

Seniors
Active Living Centres Act, 2016

Her
Majesty, by and with the advice and consent of the Legislative Assembly of the
Province of Ontario, enacts as follows:

Contents
of this Act

1. This
Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject
to subsections (2) and (3), this Act comes into force on the day it receives
Royal Assent.

(2) The Schedules to this Act come into
force as provided in each Schedule.

(3) If a Schedule to this Act provides that
any provisions are to come into force on a day to be named by proclamation of
the Lieutenant Governor, a proclamation may apply to one or more of those provisions,
and proclamations may be issued at different times with respect to any of those
provisions.

Short
title

3. The
short title of this Act is the Protecting Patients Act,
2016.

SCHEDULE 1
Immunization of School Pupils Act

1. (1) Section
1 of the Immunization of School Pupils Act is
amended by adding the following definition:

"nurse"
means a member of the College of Nurses of Ontario; ("infirmière ou infirmier")

(2) The definition of "physician" in
section 1 of the Act is repealed and the following substituted:

"physician"
means a member of the College of Physicians and Surgeons of Ontario; ("médecin")

2. Subsections
3 (3) and (4) of the Act are repealed and the following substituted:

Same,
statement of conscience or religious belief

(3) Subsection (1) does not apply to a
parent who has completed an immunization education session with a medical
officer of health or with a medical officer of health's delegate that complies
with the prescribed requirements, if any, and who has filed a statement of conscience
or religious belief with the proper medical officer of health.

Transitional

(4) Subsection (1) does not apply to a
parent who, before the coming into force of section 2 of Schedule 1 to the Protecting Patients Act, 2016, filed a statement of conscience
or religious belief with the proper medical officer of health.

3. Clause
6 (2) (a) of the Act is repealed and the following substituted:

(a) that
the medical officer of health has not received,

(i) a
statement from a physician, nurseor prescribed personshowing
that the pupil has completed the prescribed program of immunization in relation
to the designated diseases,

(ii) an
unexpired statement of medical exemption in respect of the pupil, or

(iii) a
statement of conscience or religious belief in respect of the pupil and
confirmation that the parent has completed the education session described in
subsection 3 (3); and

4. Section
10 of the Act is repealed and the following substituted:

Statements
by providers of immunizing agents

10. (1) Every
physician, nurse or prescribed person who administers an immunizing agent to a
child in relation to a designated disease shall provide to a parent of the
child a statement that shows that the immunizing agent has been administered.

Information for
M.O.H.

(2) Every physician, nurse or prescribed
person who administers an immunizing agent to a child in relation to a
designated disease shall provide the prescribed information to the medical
officer of health for the public health unit in which the immunizing agent was
administered.

5. Subclause
12 (2) (b) (i) of the Act is repealed and the following substituted:

(i) either
a statement from a physician, nurse or prescribed person showing that the pupil
has completed the prescribed program of immunization in relation to the
designated disease or other information satisfying the medical officer of
health that the pupil has completed the prescribed program, or

6. Subsection
17 (1) of the Act is amended by adding the following clause:

(f.1) respecting
and governing the information described in subsection 10 (2), including, without
being limited to, specifying one or more methods by which the information is to
be provided, and requiring the information to be provided by such a method;

Commencement

7. This
Schedule comes into force on a day to be named by proclamation of the Lieutenant
Governor.

SCHEDULE 2
Laboratory and Specimen Collection Centre Licensing Act

1. (1) Clause
(a) of the definition of "laboratory" in section 5 of the Laboratory
and Specimen Collection Centre Licensing Act is amended by striking out
"prophylaxis" and substituting "prevention".

(2) Section 5 of the Act is amended by
adding the following definition:

"laboratory
facility" means a laboratory or a specimen collection centre; ("centre de laboratoire")

(3) The definition of "operator" in section
5 of the Act is repealed and the following substituted:

"operator"
means a person having charge or control of a laboratory facility;
("exploitant")

(4) Section 5 of the Act is amended by
adding the following definition:

"personal information" includes personal information as
defined in the Freedom of Information and Protection of
Privacy Act and personal health information as defined in the Personal Health Information Protection Act, 2004;
("renseignements personnels")

(5) The definition of "specimen collection
centre" in section 5 of the Act is amended by striking out "prophylaxis" in the
portion before clause (a) and substituting "prevention".

(6) Clauses (a) to (d) of the definition of
"specimen collection centre" in section 5 of the Act are repealed.

2. Section
9 of the Act is repealed and the following substituted:

Licence
required

9. (1) No
person shall establish, operate or maintain a laboratory facility except under
the authority of a licence issued by the Director under this Act.

Issuing
licences

(2) The Director may issue a licence for a
laboratory facility to,

(a) perform
one or more classes of tests specified in the licence;

(b) perform
tests specified in the licence within one or more classes of tests;

(c) take
or collect specimens or one or more classes of specimens specified in the
licence; or

(d) take
or collect specimens specified in the licence within one or more classes of
specimens.

Conditions

(3) A licence is subject to the conditions,
if any, specified by the Director in the licence.

Issuance
of licence

(4) Subject to subsection (10), any person
who applies in accordance with this Act and the regulations for a licence to establish,
operate or maintain a laboratory facility and who meets the requirements of
this Act and the regulations and who pays the prescribed fee is entitled to be
issued the licence.

Where
proposal not in public interest, issuance of licence

(5) Despite subsection (4), the following
applies where an application is made for a licence and the Minister states in
writing to the Director that it is not in the public interest to issue a licence
to establish, operate or maintain the laboratory facility in the area where the
applicant proposes to establish, operate or maintain the laboratory facility:

1. Section
11 does not apply.

2. The
Director shall not issue the licence to the applicant.

3. The
Director shall give written notice to the applicant of the refusal and of the
Minister's statement.

Where
proposal not in public interest, tests, specimens, etc.

(6) Despite subsection (4), where an
application is made for a licence and the Minister states in writing to the
Director that it is not in the public interest to issue a licence, either,

(a) in
the case of a laboratory, for any classes of tests or any of the tests within a
class or classes of tests in respect of which the application is made; or

(b) in
the case of a specimen collection centre, to take or collect any specimens or
class or classes of specimens in respect of which the application is made:

then,

(c) sections
10 and 11 do not apply;

(d) where
the Director issues a licence to the applicant upon the application, the
Director shall give written notice to the applicant of the Minister's
statement; and

(e) the
licence shall not be for the classes of tests or the tests within a class or
classes of tests or for taking or collecting the specimens or class or classes
of specimens that are set out in the Minister's statement.

Matters
to be considered by Minister

(7) In making a decision as to what is in
the public interest for the purposes of subsection (5) or (6), the Minister may
consider any matter the Minister regards as relevant, including, without being
limited to,

(a) the
number and type of laboratory facilities that operate under the authority of
licences issued under this Act,

(i) in
the area, or

(ii) in
the area and any other area;

(b) the
tests and classes of tests performed or the specimens or class or classes of
specimens taken or collected in the laboratory facilities,

(i) in
the area, or

(ii) in
the area and any other area;

(c) the
utilization of existing laboratory facilities and their capacity to handle
increased volume;

(d) the
availability of facilities for the transportation of persons and specimens to
laboratory facilities,

(i) in
the area, or

(ii) in
the area and any other area; or

(e) the
funds available to provide payment for laboratory tests that are insured
services under the Health Insurance Act.

Blood
collection facilities

(8) Despite subsection (4), where an
application is made for a licence to establish, operate or maintain a laboratory
facility which will operate as a blood collection facility within the meaning
of the Voluntary Blood Donations Act, 2014 and the
Minister states in writing to the Director that it is not in the public
interest to issue such a licence, section 11 shall not apply and the Director
shall not issue the licence to the applicant and shall give written notice to
the applicant of the refusal and of the Minister's statement.

Same

(9) In making a decision in the public
interest in subsection (8), the Minister may consider any matter the Minister
regards as relevant, including, without being limited to, the principles set
out in the Voluntary Blood Donations Act, 2014.

Grounds
for refusal

(10) Subject to section 11, the Director
may refuse to issue a licence where in the Director's opinion,

(a) the
past conduct of the applicant or, where the applicant is a corporation, of its
officers or directors affords reasonable grounds for belief that the laboratory
facility will not be operated in accordance with the law and with honesty and integrity;

(b) the
proposed laboratory facility or its operation would contravene this Act or the
regulations or any other Act or regulation or any municipal by-law respecting
its establishment or location;

(c) the applicant
is not competent to operate a laboratory facility in accordance with this Act
and the regulations;

(d) the
equipment and premises are not suitable for the performance of the tests or the
taking or collecting of the specimens for which the licence is sought; or

(e) any
other ground for refusal that is prescribed in the regulations exists.

Provisional
licence

(11) Where the applicant for a licence does
not meet all the requirements for issuance of the licence and requires time to
meet such requirements, the Director may issue a provisional licence for the
laboratory facility.

Expiration
and renewal of provisional licence

(12) A provisional licence expires on the
date specified on the licence, which shall not be later than 12 months after
the date of its issue, but the provisional licence may be renewed for one
further period of no more than 12 months where, in the opinion of the Director,
sufficient progress in complying with the requirements for issuance of a
licence has been made.

Expiration
and renewal of licence

(13) A licence that is not a provisional
licence expires on the date specified on the licence, which shall not be later
than five years from the date of its issue or renewal. A renewal shall be
issued where the applicant is not disqualified under subsection (20).

Transitional

(14) Despite subsections (12) and (13), a
licence or provisional licence that is in existence immediately before section
2 of Schedule 2 to the Protecting Patients Act, 2016
comes into force expires when it would have otherwise expired.

Stay
of refusal to renew

(15) Where the Director refuses to renew a
licence, the laboratory facility shall be deemed to continue to be licensed
until an order is made by the Review Board or until the time for requiring a
hearing by the Review Board expires, whichever occurs first.

Operator
to be named in licence

(16) It is a condition of a licence that
the operation of the laboratory facility be under the charge and control of the
operator named in the licence as operator and that the ownership of the
laboratory facility be only in the person or persons named in the licence as
owners.

Conditions
re quality management

(17) It is a condition of a licence for a
laboratory facility that,

(a) the
operation of the laboratory facility meet the requirements of a quality
management program;

(b) the owner and
the operator of the laboratory facility permit an agency designated in the
regulations to carry out a quality management program; and

(c) the
owner of the laboratory facility pay the fees for an assessment under a quality
management program, if any, that are prescribed by the regulations or
established by an agency designated in the regulations.

Failure
to meet program requirements

(18) Where an agency designated in the
regulations to carry out a quality management program reports to the Director
that the operation of a laboratory facility does not meet the requirements of
the program, the Director may impose any conditions upon the laboratory facility's
licence that the Director considers necessary or advisable in order that the
health of the public be protected.

Notice
of changes

(19) Where the operator or the owner named
in the licence is a corporation, the corporation shall notify the Director in
writing within 15 days of any change in the officers or directors of the
corporation.

Revocation,
suspension, renewal refusal

(20) The Director may revoke, suspend or
refuse to renew a licence where,

(a) any
person has made a false statement in the application for the licence or its
renewal or in any report, document or other information required to be
furnished by this Act or the regulations or any other Act or regulation that
applies to the laboratory facility;

(b) any
test authorized by the licence is incompetently performed;

(c) any
specimen taking or collecting authorized by the licence is incompetently
carried out;

(d) there
is a breach of a condition of the licence;

(e) the
owner or the operator does not comply with this Act or the regulations or any
other Act or law relevant to the operation or maintenance of a laboratory
facility;

(f) the
services that can be provided by the laboratory facility are misrepresented;

(g) a
change in the officers or directors of any corporation which is an operator or
owner of a laboratory facility named in the licence would afford grounds for
refusing to issue a licence under clause (10) (a); or

(h) any
other ground for revoking, suspending or refusing renewal that is prescribed in
the regulations exists.

Emergency
suspension

9.1 (1) If
the Director is of the opinion upon reasonable grounds that a laboratory
facility is being operated or will be operated in a manner that poses an
immediate threat to the health or safety of any person, the Director by a
written order may suspend the licence of the laboratory facility.

Order
effective immediately

(2) An order under subsection (1) takes
effect immediately upon notice of the order being served on the licensee.

Notice
requiring hearing by Review Board

(3) The Director shall deliver with the
order under subsection (1) notice that the licensee is entitled to a hearing by
the Review Board if the licensee mails or delivers, within 15 days after the
notice is served on the licensee, notice in writing requiring a hearing to the
Director and the Review Board, and the licensee may so require such a hearing.

Power
of Review Board where hearing

(4) Section 11 applies, with necessary
modifications, to a suspension under subsection (1).

Service
of notice

(5) The Director may serve notice of an
order under subsection (1) by sending the notice by any means that produces a
paper record or by any other method of delivery that is prescribed in the
regulations.

Deemed
receipt

(6) If the Director serves notice in a
manner described in subsection (5), the licensee shall be deemed to have
received the notice on the day it is sent.

No
stay

(7) Despite section 25 of the Statutory Powers Procedure Act, a request for a hearing
by the Board made in accordance with subsection (3) of this section or an appeal
to Divisional Court of the Review Board's decision under section 13 does not
operate as a stay of a suspension of a licence ordered under subsection (1) of
this section.

No
interim order to stay

(8) Despite section 16.1 of the Statutory Powers Procedure Act, the Review Board shall
not make an interim order to stay the suspension of a licence ordered under
subsection (1) of this section.

Powers
are additional

(9) For greater certainty, the powers of
the Director under this section are in addition to, and not in place of, the
powers of the Minister under the Health Facilities Special
Orders Act.

Transfer
of licence

9.2 (1) A
licence issued under this Act is not transferrable without the consent of the
Director.

How
dealt with

(2) In deciding whether to consent to the transfer
of a licence, the Director shall treat the proposed transferee of the licence
as if the proposed transferee were an applicant for a licence and, for the
purpose, section 9 applies with necessary modifications.

Limitations
and conditions

(3) In consenting to the transfer of a
licence, the Director may attach to the licence such conditions as the Director
considers necessary in the circumstances.

3. Subsection
11 (1) of the Act is repealed and the following substituted:

Proposal
to refuse to issue, suspend, revoke or impose condition

(1) Where the Director proposes to suspend,
revoke or to refuse to issue or renew a licence or to impose a condition on an
existing licence under this Act, the Director shall serve notice of the
proposal, together with written reasons, on the applicant in the case of a
proposal to refuse to issue or renew the licence and on the owner and operator
in the case of a proposal to suspend, revoke or to impose a condition on the
licence.

4. Section
15 of the Act is repealed.

5. Section
16 of the Act is repealed and the following substituted:

Appointment
of inspectors

16. (1) The
Minister may appoint, in writing, one or more persons as inspectors for the purposes
of this Act and the regulations.

Certificate
of appointment

(2) The Minister shall issue every
inspector appointed under subsection (1) a certificate of appointment and every
inspector, in the execution of his or her duties under this section and the
regulations, shall produce the certificate of appointment upon request.

Inspections

(3) For the purpose of determining whether
this Act and the regulations are being complied with, an inspector may, without
a warrant, enter and inspect,

(a) a
licensed laboratory facility;

(b) any
business premises of a company that owns or operates one or more licensed laboratory
facilities; and

(c) any
place that the Director reasonably believes is being used as a laboratory
facility.

Time
of entry

(4) The power under this section to enter
and inspect without a warrant may be exercised only during the regular business
hours of the laboratory facility, business premises or place.

Dwellings

(5) The power to enter and inspect under
this section shall not be exercised to enter and inspect a place or a part of a
place that is used as a dwelling.

Use
of force

(6) An inspector is not entitled to use
force to enter and inspect a laboratory facility, business premises or place.

Powers
of inspector

(7) An inspector conducting an inspection
may,

(a) examine
records or anything else that is relevant to the inspection;

(b) demand
the production of a record or any other thing that is relevant to the
inspection;

(c) remove
a record or any other thing that is relevant to the inspection for review,
examination or testing;

(d) remove
a record or any other thing that is relevant to the inspection for copying;

(e) in
order to produce a record in readable form, use data storage, information
processing or retrieval devices or systems that are normally used in carrying
on business in the place;

(f) take
photographs or make any other kind of recording; and

(g) question
a person on matters relevant to the inspection.

Written
demand

(8) A demand under this section that a
record or any other thing be produced must be in writing and must include a
statement of the nature of the record or thing required.

Obligation
to produce and assist

(9) If an inspector demands that a record
or any other thing be produced under this section, the person who has custody
of the record or thing shall produce it and, in the case of a record, shall on
request provide any assistance that is reasonably necessary to interpret the
record or to produce it in a readable form.

Records
and things removed from place

(10) A record or other thing that has been
removed for review, examination, testing or copying,

(a) shall
be made available to the person from whom it was removed on request and at a
time and place that are convenient for the person and for the inspector; and

(b) shall
be returned to the person within a reasonable time, unless, in the case of a
thing that has been subject to testing, the thing has been made unsuitable for
return as a result of the testing.

Copy admissible in
evidence

(11) A copy of a record or other thing that
purports to be certified by an inspector as being a true copy of the original
is admissible in evidence to the same extent as the original and has the same
evidentiary value.

Obstruction

(12) No person shall hinder, obstruct or
interfere with or attempt to hinder, obstruct or interfere with an inspector
conducting an inspection, refuse to answer questions on matters relevant to the
inspection or provide the inspector with false information on matters relevant
to the inspection.

6. The
Act is amended by adding the following section:

Personal
information

17.1 (1) The
Ministry may directly or indirectly collect personal information for purposes related
to the administration or enforcement of this Act, subject to any requirements
or conditions provided for in the regulations.

Use
of personal information

(2) The Ministry may use personal
information for purposes related to the administration or enforcement of this
Act, subject to any requirements or conditions provided for in the regulations.

Disclosure
of personal information

(3) The Ministry may disclose personal
information for purposes related to the administration or enforcement of this
Act, subject to any requirements or conditions provided for in the regulations.

7. Section
18 of the Act is repealed and the following substituted:

Regulations

18. (1) The
Lieutenant Governor in Council may make regulations for carrying out the purposes
and provisions of this Act.

Same

(2) Without restricting the generality of
subsection (1), the Lieutenant Governor in Council may make regulations,

(a) providing
for the issuance and renewal of licences and provisional licences and prescribing
their terms and conditions;

(b) excluding
institutions, buildings or places from the definitions of "laboratory" and
"specimen collection centre" in section 5, and providing for additional
institutions, buildings or places that are laboratories and specimen collection
centres for the purposes of those definitions;

(c) prescribing
examinations for the purpose of the definition of "laboratory" in section 5;

(d) prescribing
grounds for the purposes of subsections 9 (10) and 9 (20);

(e) prescribing
classes of tests for the purposes of this Act and the regulations;

(f) respecting
the officers and employees of laboratory facilities and prescribing their
duties, responsibilities and qualifications;

(g) prescribing
the classes of persons who may perform tests in a laboratory;

(h) prescribing
the classes of persons who may take or collect specimens in a specimen collection
centre;

(i) prescribing
classes of persons who shall not be owners of laboratory facilities or of any
interest in a laboratory facility;

(j) respecting
the management and operation of laboratory facilities;

(k) requiring
laboratory facilities to keep any records and make any reports that are prescribed;

(l) respecting
and governing the promotion and advertising of laboratory facilities;

(m) prescribing
fees for licences, provisional licences and renewals and for laboratory services
performed by the Ministry;

(n) exempting
laboratory facilities or any class of laboratory facilities or any class of
persons from the application of any provision of this Act or the regulations;

(o) prescribing
tests to which this Act does not apply;

(p) prescribing
other duties and powers of the Director and the Review Board, including the
approval of educational qualifications of officers and employees of laboratory
facilities;

(q) instituting
a system for the payment by the Province of all or any part of the annual expenditures
of laboratories in lieu of amounts payable under the Health
Insurance Act;

(r) prescribing
fees for assessments under a quality management program;

(s) designating
an agency or agencies to carry out a quality management program, and permitting
the agency or agencies to establish and charge fees for assessments under the
quality management program;

(t) prescribing,
providing for and governing any other matter that this Act refers to as being
prescribed or provided for in the regulations.

8. Section
21 of the Act is repealed.

9. (1) Subsection
22 (3) of the Act is repealed and the following substituted:

Officers, directors,
etc.

(3) If a corporation commits an offence
under this Act, an officer, director, employee or agent of the corporation who
knowingly authorized, permitted, acquiesced in or participated in the
commission of the offence or failed to take reasonable care to prevent the
corporation from committing the offence is guilty of an offence, whether or not
the corporation has been prosecuted or convicted.

(2) Section 22 of the Act is amended by
adding the following subsections:

Provincial
Judge required

(5) The Attorney General or an agent of the
Attorney General may, by notice to the clerk of the Ontario Court of Justice,
require that a provincial judge preside over a proceeding in respect of an
offence under this Act.

Publication
re convictions

(6) If a person is convicted of an offence
under this Act, the Minister may publish or otherwise make available to the general
public the name of the person, a description of the offence, the date of the
conviction and the person's sentence.

Restraining
order not necessary

(7) A person may be prosecuted under this
section whether or not a restraining order has been previously made with respect
to the subject matter of the prosecution.

Certificates

(8) In any prosecution or other proceeding
under this Act, a certificate of an analyst stating that the analyst has made
an analysis of a sample and stating the result of that analysis is evidence of
the facts alleged in the certificate without proof of the signature or the
official character of the person appearing to have signed the certificate.

Animals for Research Act

10. Subsection
20 (13) of the Animals for Research Act is amended
by striking out "the Laboratory and Specimen Collection
Centre Licensing Act" and substituting "the Health
Protection and Promotion Act".

Health Insurance Act

11. Clause
2 (2) (a) of the Health Insurance Act is amended by
striking out "physicians and practitioners" and substituting "physicians,
practitioners and health facilities".

Public Hospitals Act

12. Section
1 of the Public Hospitals Act is amended by adding
the following definition:

"community
laboratory services" means the services of a laboratory or specimen collection
centre under the Laboratory and Specimen Collection Centre
Licensing Act that are provided by a hospital designated under subsection
22 (1) of this Act to persons who are neither in-patients nor out-patients; ("services
de laboratoire communautaire")

13. The
Act is amended by adding the following section:

Community
laboratory services

22. (1) The
Minister may designate one or more hospitals to provide community laboratory
services.

Same

(2) A hospital that is designated under
subsection (1) may provide community laboratory services, subject to any conditions,
restrictions or requirements that may be prescribed in the regulations.

14. Subsection
32 (1) of the Act is amended by adding the following clauses:

(c.1) prescribing
conditions, restrictions and requirements for the purposes of subsection 22
(2);

(c.2) providing
for provisions of this Act or the regulations that do not apply with respect to
community laboratory services provided by a hospital designated under
subsection 22 (1);

Commencement

15. (1) Subject
to subsection (2), this Schedule comes into force on the day the Protecting Patients Act, 2016 receives Royal Assent.

(2) Sections 1 to 9 and 12 to 14 come into
force on a day to be named by proclamation of the Lieutenant Governor.

SCHEDULE 3
Ontario Drug Benefit Act

1. Subsection
1 (1) of the Ontario Drug Benefit Act is amended by
adding the following definition:

2. Subsection
2 (2) of the Act is amended by striking out "the Family
Benefits Act".

3. Subsections
9 (1) and (2) of the Act are amended by striking out "physician" wherever it
appears and substituting in each case "physician or registered nurse in the extended
class".

4. Subsections
16 (1), (3) and (4) of the Act are repealed and the following substituted:

Unlisted
drugs, special case

(1) If a physician or registered nurse in
the extended class informs the executive officer that the proper treatment of a
patient who is an eligible person requires the administration of a drug for
which there is not a listed drug product, the executive officer may make this
Act apply in respect of the supplying of that drug as if it were a listed drug
product by so notifying the physician or registered nurse in the extended class.

.
. . . .

Listed
drugs, special case

(3) If a physician or registered nurse in
the extended class informs the executive officer that the proper treatment of a
patient who is an eligible person requires the administration of a drug for
which there are one or more listed drug products but for which the conditions
for payment under section 23 are not satisfied, the executive officer may make
this Act apply in respect of the supplying of those listed drug products as if
the conditions were satisfied.

Notice
to operator

(4) An operator of a pharmacy is not liable
for contravening this Act or the regulations in respect of supplying a drug referred
to in subsection (1) or a listed drug product referred to in subsection (3)
unless the operator has received notice from the physician or registered nurse
in the extended class or from the executive officer that this Act applies to
that supplying.

5. Section
18 of the Act is amended by adding the following subsection:

Rolling
incorporation

(16) A regulation made under subsection (1)
that incorporates another document by reference may provide that the reference
to the document includes amendments made to the document from time to time
after the regulation is made.

Commencement

6. This
Schedule comes into force on a day to be named by proclamation of the Lieutenant
Governor.

SCHEDULE 4
REGULATED HEALTH PROFESSIONS ACT, 1991

1. Subsection
1 (1) of the Regulated Health Professions Act, 1991
is amended by adding the following definition:

2. Section
5 of the Act is amended by adding the following subsections:

Reports
and information

(2.1) If the Minister requires a Council to
provide reports and information to the Minister, the Minister may require that
the reports and information contain personal information and personal health
information about any member of the College to the extent necessary in order to
allow the Minister to determine,

(a) whether
the College is fulfilling its duties and carrying out its objects under this
Act, a health profession Act, the Drug and Pharmacies
Regulation Act or the Drug Interchangeability and
Dispensing Fee Act; or

(b) whether
the Minister should exercise any power of the Minister under this Act, or any
Act mentioned in clause (a).

Limitations

(2.2) If the Minister requires a Council to
provide reports and information to the Minister, the reports and information,

(a) shall
not contain personal information or personal health information if other information
is sufficient for the purposes set out in subsection (2.1); and

(b) shall
not contain more personal information or personal health information than is
necessary for the purposes set out in subsection (2.1).

3. (1) Subsection
36 (1) of the Act is amended by adding the following clause:

(b.1) in
order to permit the Council to comply with a requirement issued by the Minister
under section 5 of this Act;

(2) Clause 36 (1) (d) of the Act is
repealed and the following substituted:

(d) as
may be required for the administration of the Drug
Interchangeability and Dispensing Fee Act, the Healing
Arts Radiation Protection Act, the Health Insurance
Act, the Health Protection and Promotion Act,
the Independent Health Facilities Act, the Laboratory and Specimen Collection Centre Licensing Act,
the Long-Term Care Homes Act, 2007, the Ontario Drug Benefit Act, the Coroners
Act, the Controlled Drugs and Substances Act
(Canada) and the Food and Drugs Act (Canada);

4. (1) Subsection
36.1 (1) of the Act is repealed and the following substituted:

Collection
of personal information by College

(1) At the request of the Minister, a
College shall collect information directly from members of the College as is
reasonably necessary for the purpose of health human resources planning or
research.

(2) Subsections 36.1 (5) and (6) of the Act
are repealed and the following substituted:

Use,
collection, disclosure and publication

(5) The following applies to information
collected under subsection (1):

1. The
information may only be used for the purposes set out under subsection (1).

2. The
Minister shall not collect personal information if other information will serve
the purposes set out under subsection (1).

3. The
Minister shall not collect more personal information than is necessary for the
purposes set out under subsection (1).

4. The
Minister may disclose the information only for the purposes set out in
subsection (1).

5. Reports
and other documents using information collected under this section may be published
for the purposes set out under subsection (1), and for those purposes only, but
personal information about a member of a College shall not be included in those
reports or documents.

(3) The definition of "information" in
subsection 36.1 (9) of the Act is repealed and the following substituted:

"information"
includes personal information about members, but does not include personal
health information; ("renseignements")

(4) Subsection 36.1 (9) of the Act is
amended by adding the following definition:

"research"
means the study of data and information in respect of health human resources
planning. ("recherche")

5. The
definition of "personal health information" in subsection 36.2 (6) of the Act
is repealed.

6. (1) Subsection
43 (1) of the Act is amended by adding the following clause:

(o) establishing
criteria for the definition of "patient" in relation to professional misconduct
involving the sexual abuse of a patient for the purposes of subsection 1 (3) of
the Code.

(2) Subsection 43 (1) of the Act is amended
by adding the following clauses:

(p) respecting
the composition of committees that a College is required to have pursuant to
subsection 10 (1) of the Code and governing the relationship between such
regulations and the by-laws of the College;

(q) respecting
the qualification, selection, appointment and terms of office of members of
committees that a College is required to have pursuant to subsection 10 (1) of
the Code and governing the relationship between such regulations and the
by-laws of the College;

(r) prescribing
conditions that disqualify committee members from sitting on committees that a
College is required to have pursuant to subsection 10 (1) of the Code and
governing the removal of disqualified committee members and governing the
relationship between such regulations and the by-laws of the College;

(s) specifying
the composition of panels selected from amongst the members of the Registration
Committee, Inquiries, Complaints and Reports Committee, Discipline Committee
and Fitness to Practise Committee for the purposes of subsections 17 (2), 25
(2), 38 (2) and 64 (2) of the Code, and providing for quorum for such panels.

(3) Subsection 43 (1) of the Act is amended
by adding the following clause:

(t) prescribing
additional information to be contained in a College's register for the purposes
of paragraph 19 of subsection 23 (2) of the Code.

(4) Subsection 43 (1) of the Act is amended
by adding the following clauses:

(u) prescribing
conduct for the purposes of subparagraph 3 vii of subsection 51 (5) of the
Code;

(v) prescribing
offences for the purposes of clause 51 (5.1) (a) of the Code.

(5) Subsection 43 (1) of the Act is amended
by adding the following clause:

(w) clarifying
how a College is required to perform its functions under sections 25 to 69 and
72 to 74 of the Code with respect to matters involving allegations of a
member's misconduct of a sexual nature, and providing for further functions and
duties that are not inconsistent with those functions.

(6) Subsection 43 (1) of the Act is amended
by adding the following clause:

(x) prescribing
additional functions of the patient relations program for the purposes of subsection
84 (3.1) of the Code.

(7) Subsection 43 (1) of the Act is amended
by adding the following clause:

(y) prescribing
additional purposes for which funding may be provided under the program which
Colleges are required to maintain under section 85.7 of the Code, and
prescribing additional persons or classes of persons to whom funding may be
paid for the purposes of subsection 85.7 (8) of the Code.

7. Subsection
1 (6) of Schedule 2 to the Act is repealed and the following substituted:

Definitions

(6) For the purposes of subsections (3) and
(5),

"patient",
without restricting the ordinary meaning of the term, includes,

(a) an
individual who was a member's patient within the last year or within such
longer period of time as may be prescribed, and

(b) an
individual who is determined to be a patient in accordance with the criteria in
any regulations made under clause 43 (1) (o) of the Regulated
Health Professions Act, 1991; ("patient")

"spouse", in relation to a member, means,

(a) a
person who is the member's spouse as defined in section 1 of the Family Law Act, or

(b) a
person who has lived with the member in a conjugal relationship outside of
marriage continuously for a period of not less than three years. ("conjoint")

8. Section
1.1 of Schedule 2 to the Act is repealed and the following substituted:

Statement
of purpose, sexual abuse provisions

1.1 The
purpose of the provisions of this Code with respect to sexual abuse of patients
by members is to encourage the reporting of such abuse, to provide funding for
therapy and counselling in connection with allegations of sexual abuse by
members and, ultimately, to eradicate the sexual abuse of patients by members.

9. Section
7 of Schedule 2 to the Act is amended by adding the following subsections:

Posting
of meeting information

(1.1) The College shall post on its website
information regarding upcoming meetings of the Council, including the dates of
those meetings and matters to be discussed at those meetings.

Items
where public excluded

(1.2) If the Council intends to exclude the
public from any meeting or part of a meeting under subsection (2), the grounds
for doing so shall be noted in the information posted under subsection (1.1).

10. Subsection
10 (3) of Schedule 2 to the Act is repealed and the following substituted:

Composition

(3) The composition of the committees shall
be in accordance with the by-laws and with any regulations made pursuant to
clauses 43 (1) (p) to (r) of the Regulated Health
Professions Act, 1991.

11. Subsections
17 (2) and (3) of Schedule 2 to the Act are repealed and the following
substituted:

Composition
of panels

(2) The panel selected by the chair shall
be composed in accordance with regulations made pursuant to clauses 43 (1) (p)
to (s) of the Regulated Health Professions Act, 1991.

Quorum

(3) Quorum for the panel shall be
in accordance with regulations made pursuant to clause 43 (1) (s) of the Regulated Health Professions Act, 1991.

12. (1) Subsection
23 (2) of Schedule 2 to the Act is repealed and the following substituted:

Contents
of register

(2) The register shall contain the
following:

1. Each
member's name, business address and business telephone number, and, if applicable,
the name of every health profession corporation of which the member is a shareholder.

2. The
name of each former member of the College, and where a former member is deceased,
the date upon which the former member died, if known to the Registrar.

3. The
name, business address and business telephone number of every health profession
corporation.

4. The
names of the shareholders of each health profession corporation who are members
of the College.

5. Each
member's class of registration and specialist status.

6. The
terms, conditions and limitations that are in effect on each certificate of
registration.

7. A
notation of every caution that a member has received from a panel of the
Inquiries, Complaints and Reports Committee under paragraph 3 of subsection 26
(1), and any specified continuing education or remedial programs required by a
panel of the Inquiries, Complaints and Reports Committee using its powers under
paragraph 4 of subsection 26 (1).

8. A
notation of every matter that has been referred by the Inquiries, Complaints
and Reports Committee to the Discipline Committee under section 26 and that has
not been finally resolved, including the date of the referral and the status of
the hearing before a panel of the Discipline Committee, until the matter has
been resolved.

9. A
copy of the notice of specified allegations against a member for every matter
that has been referred by the Inquiries, Complaints and Reports Committee to
the Discipline Committee and has not been finally resolved.

10. The
result, including a synopsis of the decision, of every disciplinary and
incapacity proceeding.

11. A
notation and synopsis of any acknowledgements or undertakings in relation to
professional misconduct and incompetence that a member has entered into with
the College.

12. A
notation of every finding of professional negligence or malpractice, which may
or may not relate to the member's suitability to practise, made against the
member, unless the finding is reversed on appeal.

13. A
notation of every revocation or suspension of a certificate of registration.

14. A
notation of every revocation or suspension of a certificate of authorization.

15. Information
that a panel of the Registration Committee, Discipline Committee or Fitness to
Practise Committee specifies shall be included.

16. Where
findings of the Discipline Committee are appealed, a notation that they are
under appeal, until the appeal is finally disposed of.

17. Where,
during or as a result of a proceeding under section 25, a member has resigned
and agreed never to practise again in Ontario, a notation of the resignation
and agreement.

18. Where
the College has an inspection program established under clause 95 (1) (h) or (h.1),
the outcomes of inspections conducted by the college.

19. Information
that is required to be kept in the register in accordance with regulations made
pursuant to clause 43 (1) (t) of the Regulated Health
Professions Act, 1991.

20. Information
that is required to be kept in the register in accordance with the by-laws.

(2) Subsection 23 (4) of Schedule 2 to the
Act is amended by striking out "paragraph 11" and substituting "paragraph 15".

(3) Subsection 23 (5) of Schedule 2 to the
Act is repealed and the following substituted:

Access
to information by the public

(5) All of the information required by
paragraphs 1 to 19 of subsection (2) and all information designated as public
in the by-laws shall, subject to subsections (6), (7), (8), (9) and (11), be
made available to an individual during normal business hours, and shall be
posted on the College's website within a reasonable amount of time of the
Registrar having received the information and in a manner that is accessible to
the public or in any other manner and form specified by the Minister.

(4) Subsection 23 (11) of Schedule 2 to the
Act is amended by striking out "paragraph 7" in the portion before clause (a)
and substituting "paragraph 10".

(5) Clause 23 (11) (d) of Schedule 2 to the
Act is amended by striking out "clause (a) or (b)" and substituting "clause
(a), (b) or (c)."

(6) Section 23 of Schedule 2 to the Act is
amended by adding the following subsection:

Correction
of information

(13.1) The Registrar shall correct any
information contained in the register where a member demonstrates, to the
satisfaction of the Registrar, that the information contained in the register
is incomplete or inaccurate and where the member provides the Registrar with
the information that is necessary to enable the Registrar to correct the
incomplete or inaccurate information.

(7) Subsection 23 (14) of Schedule 2 to the
Act is repealed and the following substituted:

Meaning
of results of proceeding

(14) For the purpose of this section and
section 56,

"result",
when used in reference to a disciplinary or incapacity proceeding, means the
panel's finding, particulars of the grounds for the finding, and the order
made, including any reprimand, and where the panel has made no finding,
includes the failure to make a finding.

13. Subsections
25 (2) and (3) of Schedule 2 to the Act are repealed and the following
substituted:

Composition
of panels

(2) The panel selected by the chair shall
be composed in accordance with regulations made pursuant to clauses 43 (1) (p)
to (s) of the Regulated Health Professions Act, 1991.

Quorum

(3) Quorum for the panel shall be
in accordance with regulations made pursuant to clause 43 (1) (s) of the Regulated Health Professions Act, 1991.

14. Subsection
25.1 (4) of Schedule 2 to the Act is repealed and the following substituted:

Ratification
of resolution

(4) If the complainant and the member reach
a resolution of the complaint through alternative dispute resolution, they
shall advise the Registrar of the resolution, and the Registrar may,

(a) adopt
the proposed resolution; or

(b) refer
the decision of whether or not to adopt the proposed resolution to the panel.

Referral
to panel

(5) Where the Registrar makes a referral to
the panel under clause (4) (b), the panel may,

(a) adopt
the proposed resolution; or

(b) continue
with its investigation of the complaint.

Time
limit for ADR

(6) If the complainant and the member do
not reach a resolution of the complaint within 60 days of a referral to
alternative dispute resolution under subsection (1), the Registrar or the panel
shall not adopt any resolution reached after that date and the panel shall
proceed with its investigation of the complaint.

Extension
of time

(7) Despite subsection (6), the Registrar
or the panel may, where the Registrar or the panel believes it is in the public
interest to do so, and with the agreement of the complainant and the member,
adopt a resolution reached within 120 days of a referral to alternative dispute
resolution under subsection (1).

15. Schedule
2 to the Act is amended by adding the following sections:

Withdrawal
of complaint by Registrar

25.3 (1) At
any time following the receipt of a complaint regarding the conduct or actions
of a member and prior to any action being taken by a panel of the Inquiries,
Complaints and Reports Committee under subsection 26 (1), the Registrar may, at
the request of the complainant, withdraw the complaint.

Notice
to member

(2) The Registrar shall give the member,
within 14 days of the Registrar having withdrawn the complaint, notice that the
complaint has been withdrawn.

Interim
suspension

25.4 (1) The
Inquiries, Complaints and Reports Committee or a panel of the Committee may,
subject to subsections (2) and (6), at any time following the receipt of a
complaint or report make an interim order directing the Registrar to suspend,
or to impose terms, conditions or limitations on, a member's certificate of
registration if it is of the opinion that the conduct of the member or the
member's physical or mental state exposes or is likely to expose the member's patients
to harm or injury.

No
gender-based terms, conditions, limitations

(2) Despite subsection (1), the Inquiries,
Complaints and Reports Committee and its panels shall not make an interim order
directing the Registrar to impose any gender-based terms, conditions or
limitations on a member's certificate of registration.

Procedure following
interim suspension

(3) If an order is made under subsection
(1) by the Inquiries, Complaints and Reports Committee or a panel,

(a) the
matter shall be investigated and prosecuted expeditiously; and

(b) the
Inquiries, Complaints and Reports Committee, the Discipline Committee and the
Fitness to Practise Committee, as the case may be, shall give precedence to the
matter.

Duration
of order

(4) An order under subsection (1) continues
in force until the matter is withdrawn, resolved by way of an alternative dispute
resolution process or otherwise disposed of by a panel of the Inquiries, Complaints
and Reports Committee, the Discipline Committee or the Fitness to Practise
Committee.

Panel's
order

(5) In a matter in which an order under
subsection (1) was made, an order of a panel of the Discipline Committee or the
Fitness to Practise Committee directing the Registrar to revoke, suspend or
impose conditions on a member's certificate takes effect immediately despite
any appeal.

Restrictions
on orders

(6) No order shall be made under subsection
(1) unless the member has been given,

(a) notice
of the intention to make the order; and

(b) at
least 14 days to make written submissions to the Committee or panel.

Extraordinary
action to protect public

(7) Despite subsection (6), an order may be
made under subsection (1) without notice to the member, subject to the right of
the member to make submissions while the suspension or the terms, conditions or
limitations are in place, if the Committee or panel is of the opinion, on reasonable
and probable grounds, that the conduct of the member or the member's physical
or mental state exposes or is likely to expose the member's patients to harm or
injury and urgent intervention is needed.

16. Subsection
28 (2) of Schedule 2 to the Act is repealed and the following substituted:

Impact
of ADR on timelines

(2) Time spent by a complainant and member
in an alternative dispute resolution process pursuant to a referral under section
25.1 shall not be included in the calculation of time under this section.

17. Section
37 of Schedule 2 to the Act is repealed.

18. (1) Subsections
38 (2) and (3) of Schedule 2 to the Act are repealed and the following
substituted:

Composition

(2) The panel selected by the chair shall
be composed in accordance with regulations made pursuant to clauses 43 (1) (p)
to (s) of the Regulated Health Professions Act, 1991.

(2) Subsection 38 (5) of Schedule 2 to the
Act is repealed and the following substituted:

Quorum

(5) Quorum for the panel shall be in
accordance with regulations made pursuant to clause 43 (1) (s) of the Regulated Health Professions Act, 1991.

19. (1) Section
51 of Schedule 2 to the Act is amended by adding the following subsections:

No
gender-based terms, conditions, limitations

(4.1) In making an order under paragraph 3
of subsection (2), a panel shall not make any order directing the Registrar to
impose any gender-based terms, conditions or limitations on a member's
certificate of registration.

Interim
suspension of certificate

(4.2) If a panel finds a member has
committed an act of professional misconduct by sexually abusing a patient and
the sexual abuse involves conduct listed under subparagraphs 3 i to vii of
subsection (5), the panel shall immediately make an interim order suspending
the member's certificate of registration until such time as the panel makes an
order under subsection (5).

(2) Subsection 51 (5) of Schedule 2 to the
Act is repealed and the following substituted:

Orders
relating to sexual abuse

(5) If a panel finds a member has committed
an act of professional misconduct by sexually abusing a patient, the panel
shall do the following in addition to anything else the panel may do under
subsection (2):

1. Reprimand
the member.

2. Suspend
the member's certificate of registration if the sexual abuse does not consist
of or include conduct listed in paragraph 3 and the panel has not otherwise
made an order revoking the member's certificate of registration under
subsection (2).

3. Revoke
the member's certificate of registration if the sexual abuse consisted of, or
included, any of the following:

i. Sexual
intercourse.

ii. Genital
to genital, genital to anal, oral to genital or oral to anal contact.

iii. Masturbation
of the member by, or in the presence of, the patient.

iv. Masturbation
of the patient by the member.

v. Encouraging
the patient to masturbate in the presence of the member.

vi. Touching
of the patient's genitals, anus, breasts or buttocks.

vii. Other
conduct prescribed in regulations made pursuant to clause 43 (1) (u) of the Regulated Health Professions Act, 1991.

Mandatory
revocation

(5.1) The panel shall, in addition to
anything else the panel may do under subsection (2), reprimand the member and revoke
the member's certificate of registration if,

(a) the
member has been found guilty of professional misconduct under clause (1) (a)
and the offence is prescribed in a regulation made under clause 43 (1) (v) of
the Regulated Health Professions Act, 1991; or

(b) the
member has been found guilty of professional misconduct under clause (1) (b)
and the misconduct includes or consists of any of the conduct listed in
paragraph 3 of subsection (5).

20. Section
62 of Schedule 2 to the Act is repealed.

21. Subsection
63 (1) of Schedule 2 to the Act is repealed and the following substituted:

Restrictions
on orders

(1) No order shall be made with respect to
a member under subsection 59 (2) unless the member has been given,

(a) notice
of the intention to make the order; and

(b) at
least 14 days to make written submissions to the panel.

22. Subsections
64 (2) and (3) of Schedule 2 to the Act are repealed and the following
substituted:

Composition
of panels

(2) The panel selected by the chair shall
be composed in accordance with regulations made pursuant to clauses 43 (1) (p)
to (s) of the Regulated Health Professions Act, 1991.

Quorum

(3) Quorum for the panel shall be
in accordance with regulations made pursuant to clause 43 (1) (s) of the Regulated Health Professions Act, 1991.

23. Section
71.1 of Schedule 2 to the Act is repealed and the following substituted:

No
stay of certain orders pending appeal

71.1 Section
71 also applies to an order made by a panel of the Discipline Committee because
of a finding that a member has committed sexual abuse of the kind described in
paragraph 3 of subsection 51 (5) or an act of professional misconduct described
in subsection 51 (5.1).

24. Paragraph
3 of subsection 73 (3) of Schedule 2 to the Act is repealed.

25. Section
84 of Schedule 2 to the Act is amended by adding the following subsection:

Other
functions

(3.1) The patient relations program shall
perform any other functions that are prescribed in regulations made under clause
43 (1) (x) of the Regulated Health Professions Act, 1991.

26. Schedule
2 to the Act is amended by adding the following section:

Reporting
by members re: other professional memberships and findings

85.6.3 (1) A
member shall advise the Registrar in writing if the member is a member of another
body that governs a profession inside or outside of Ontario.

Findings
of misconduct or incompetence

(2) A member shall file a report in writing
with the Registrar if there has been a finding of professional misconduct or incompetence
made against the member by another body that governs a profession inside or
outside of Ontario.

Timing
of report

(3) The report must be filed as soon as reasonably
practicable after the member receives notice of the finding made against the
member.

Contents
of report

(4) The report must contain,

(a) the
name of the member filing the report;

(b) the
nature of, and a description of, the finding;

(c) the
date that the finding was made against the member;

(d) the
name and location of the body that made the finding against the member; and

(e) the
status of any appeal initiated respecting the finding made against the member.

Publication
ban

(5) The report shall not contain any
information that violates a publication ban.

Same

(6) No action shall be taken under this
section which violates a publication ban and nothing in this section requires
or authorizes the violation of a publication ban.

Additional
reports

(7) A member who files a report under
subsection (1) shall file an additional report if there is a change in status
of the finding made against the member as the result of an appeal.

27. Schedule
2 to the Act is amended by adding the following section:

Reporting
by members re: charges and bail conditions

85.6.4 (1) A
member shall file a report in writing with the Registrar if the member has been
charged with an offence, and the report shall include information about every
bail condition imposed on the member as a result of the charge.

Timing
of report

(2) The report must be filed as soon as
reasonably practicable after the member receives notice of the charge.

Contents
of report

(3) The report must contain,

(a) the
name of the member filing the report;

(b) the
nature of, and a description of, the charge;

(c) the
date the charge was laid against the member;

(d) the
jurisdiction in which the charge was laid;

(e) every
bail condition imposed on the member as a result of the charge; and

(f) the
status of any proceedings with respect to the charge.

Publication
ban

(4) The report shall not contain any
information that violates a publication ban.

Same

(5) No action shall be taken under this
section which violates a publication ban and nothing in this section requires
or authorizes the violation of a publication ban.

Additional
reports

(6) A member who files a report under
subsection (1) shall file an additional report if there is a change in the
status of the charge or bail conditions.

28. (1) Subsection
85.7 (1) of Schedule 2 to the Act is repealed and the following substituted:

Funding
provided by College

(1) There shall be a program, established
by the College, to provide funding for the following purposes in connection
with allegations of sexual abuse by members:

1. Therapy
and counselling for persons alleging sexual abuse by a member.

2. Any
other purposes prescribed in regulations made under clause 43 (1) (y) of the Regulated Health Professions Act, 1991.

(2) Subsections 85.7 (4) and (5) of
Schedule 2 to the Act are repealed and the following substituted:

Eligibility

(4) A person is eligible for funding if it
is alleged, in a complaint or report, that the person was sexually abused by a
member while the person was a patient of the member.

Timing

(5) Where a request is made for funding
pursuant to subsection (1), a determination of the person's eligibility for
such funding in accordance with subsection (4) shall be made within a
reasonable period of time of the request having been received.

Not
a finding

(5.1) The determination of a person's
eligibility for funding in accordance with subsection (4) does not constitute a
finding against the member and shall not be considered by any other committee
of the College dealing with the member.

Cessation
of eligibility

(5.2) Despite subsection (4), a person's
eligibility to receive funding pursuant to subsection (1) ceases upon the
occurrence of any of the prescribed circumstances.

(3) Subsections 85.7 (8) to (12) of
Schedule 2 to the Act are repealed and the following substituted:

Payment

(8) Funding shall be paid only to the
therapist or counsellor chosen by the person or to other persons or classes of
persons prescribed in any regulation made under clause 43 (1) (y) of the Regulated Health Professions Act, 1991.

Use
of funding

(9) Funding shall be used only to pay for
therapy or counselling and for any other purposes prescribed in any regulation
made under clause 43 (1) (y) of the Regulated Health
Professions Act, 1991 and shall not be applied directly or indirectly
for any other purpose.

Same

(10) Funding may be used to pay for therapy
or counselling that was provided at any time after the alleged sexual abuse
took place.

Other
coverage

(11) The funding that is provided to a
person for therapy and counselling shall be reduced by the amount that the
Ontario Health Insurance Plan or a private insurer is required to pay for
therapy or counselling for the person during the period of time during which
funding may be provided for the person under the program.

Right of recovery

(12) The College is entitled to recover
from the member, in a proceeding brought in a court of competent jurisdiction,
money paid in accordance with this section for an eligible person referred to
in subsection (4).

29. Subsection
93 (2) of Schedule 2 to the Act is repealed and the following substituted:

Same

(2) Every person who contravenes subsection
85.1 (1) or 85.4 (1) is guilty of an offence and on conviction is liable to a
fine of not more than $50,000.

Sexual
abuse reporting by facilities

(3) Despite subsection (1), every person
who contravenes subsection 85.2 (1) in respect of a matter concerning the
sexual abuse of a patient is guilty of an offence and on conviction is liable,

(a) in
the case of an individual to a fine of not more than $50,000; or

(b) in
the case of a corporation to a fine of not more than $200,000.

30. (1) Clauses
94 (1) (h.1) to (h.4) of Schedule 2 to the Act are repealed and the following
substituted:

(h.1) subject
to the regulations made under clauses 43 (1) (p) to (s) of the Regulated Health Professions Act, 1991,

(i) respecting
the filling of vacancies on the Council or on committees,

(ii) providing
for the composition of committees,

(iii) respecting
the qualification, selection, appointment and terms of office of members of
committees required by subsection 10 (1) who are not members of the Council,

(iv) prescribing
conditions that disqualify committee members from sitting on committees required
under subsection 10 (1) and governing the removal of disqualified committee members;

(2) Clause 94 (1) (l.2) of Schedule 2 to
the Act is repealed and the following substituted:

(l.2) specifying
information as information to be kept in the register for the purposes of paragraph
20 of subsection 23 (2), designating information kept in the register as public
for the purposes of subsection 23 (5), and designating information kept in the
register as public for the purposes of subsection 23 (5) that may be withheld
from the public for the purposes of subsection 23 (6);

31. Clause
95 (1) (q) of Schedule 2 to the Act is repealed.

Commencement

32. (1) Subject
to subsection (2), this Schedule comes into force on the day the Protecting Patients Act, 2016 receives Royal Assent.

(2) The following provisions come into
force on a day to be named by proclamation of the Lieutenant Governor:

1. Subsections 6 (1), (2) and (7).

2. Section 7.

3. Section 8.

4. Section 10.

5. Section 11.

6. Section 13.

7. Section 18.

8. Section 22.

9. Section 24.

10. Section 26.

11. Section 27.

12. Section 28.

13. Subsection 30 (1).

14. Section 31.

SCHEDULE 5
Seniors Active Living Centres Act, 2016

Interpretation and Administration

Definitions

1. In
this Act,

"approval"
means an approval of an operator or a program issued under section 4; ("agrément")

"director" means the director appointed under section 2;
("directeur")

"Minister" means the Minister Responsible for Seniors
Affairs or any other member of the Executive Council to whom the responsibility
for the administration of this Act is assigned under the Executive
Council Act; ("ministre")

"operator" means a corporation, partnership or other entity
that establishes, maintains or operates a program; ("prestataire")

"program" means a program whose purpose is described in
subsection 4 (3); ("programme")

"regulations" means the regulations made under this Act.
("règlement")

Director

2. (1) The
Minister shall appoint an individual, in writing, as the director for the
purposes of this Act and the regulations from among the public servants who are
employed under Part III of the Public Service of Ontario
Act, 2006 and who work in the Ontario Seniors' Secretariat.

Restrictions
on appointment

(2) The Minister may specify, in the
appointment, conditions or restrictions to which the appointment is subject.

Delegation
of powers and duties

(3) The director may delegate his or her
powers or duties under the appointment.

Approvals

Approvals
required for grants

3. No
operator shall receive a payment under section 8 to establish, maintain or
operate a program unless the director has approved both the operator and the
program.

Issuance
of approvals

4. (1) In
order to obtain an approval of itself or an approval of a program, an operator
shall apply to the director in accordance with this Act and the regulations and
shall provide the director with the documents and information specified in the
regulations and the other documents and information that the director
reasonably requires.

Approval of operator

(2) The director shall approve an operator
that applies for approval if the director is satisfied that the operator,

(a) is
financially capable of establishing, maintaining and operating a program;

(b) will
carry on the program under competent management in good faith; and

(c) meets
the other criteria, if any, that are prescribed by the regulations.

Approval
of program

(3) The director shall approve a program if
the operator of the program applies for the approval and if the director is
satisfied that,

(a) the
purpose of the program is to promote active and healthy living, social
engagement and learning for persons who are primarily seniors by providing them
with activities and services; and

(b) the
program meets the other criteria, if any, that are prescribed by the
regulations.

Refusal
to approve an operator

(4) Subject to section 5, the director
shall refuse to approve an operator if, in the opinion of the director, the
operator has not complied with subsection (1) or the criteria set out in subsection
(2) have not been met.

Refusal
to approve a program

(5) Subject to section 5, the director
shall refuse to approve a program if, in the opinion of the director, the operator
has not complied with subsection (1) or the criteria set out in subsection (3)
have not been met.

No
hearing required

5. (1) The
director is not required to hold an oral hearing or to afford a person an
opportunity for a hearing before doing anything under section 4.

Non-application
of Statutory Powers Procedure Act

(2) The Statutory
Powers Procedure Act does not apply to anything done by the director under
section 4.

Notice
of intent to make decision

(3) The director shall not make a decision
to refuse to issue an approval to an applicant unless, before doing so, the director,

(a) serves
a notice of intent to make the decision on the applicant in accordance with
subsection (4);

(b) gives
the applicant an opportunity to make written submissions with respect to the proposed
decision in accordance with subsection (5); and

(c) reviews
the written submissions, if any, made by the applicant in accordance with subsection
(5).

Content of notice of
intent

(4) A notice of intent shall,

(a) set
out the proposed decision and the reasons for it; and

(b) state
that the applicant may provide written submissions to the director in
accordance with subsection (5).

Written
submissions

(5) An applicant that is served with a
notice of intent may provide written submissions to the director with respect
to any matter set out in the notice, within 15 days after the day the notice of
intent was served on the applicant or within whatever other period is specified
in the notice.

Refusal
of approval

6. If
the director makes a decision to refuse to issue an approval to an applicant,

(a) the
director shall serve the applicant with a notice of decision setting out the
decision and the reasons for it; and

(b) the
applicant may reapply to the director for approval if the applicant satisfies
the director that new or other evidence is available or that material
circumstances have changed.

Director's
decision final

7. (1) A
decision made by the director under section 4 is final and not subject to
appeal.

No
judicial review

(2) Despite any other Act or law, no person
may bring an application for judicial review of a decision made by the director
under section 4.

Payment of Grants

Maintenance
and operating grants

8. (1) Subject
to subsections (3) and (4), the Minister may direct that an amount be paid, out
of the money appropriated for that purpose by the Legislature, to an approved
operator towards the cost of maintaining and operating an approved program.

Amount
of payment

(2) The Minister has discretion to
determine the amount of the payment.

Contribution
if program in a municipality

(3) No payment shall be made to an approved
operator with respect to an approved program that the operator will maintain
and operate in a municipality unless one of the following, as the Minister
determines, directs payment to the operator of a sum equal to at least the
amount determined in accordance with subsection (5) or, if the Minister
approves, contributes personal property or services that are equivalent in
value to at least that amount:

1. The
council of any one municipality.

2. The
council of any one municipality, together with the councils of one or more
contiguous municipalities.

3. The
other entities, if any, that are prescribed.

Contribution
if program not in a municipality

(4) No payment shall be made to an approved
operator with respect to an approved program that the operator will maintain
and operate in a location, other than a municipality, unless the entities, if
any, that are prescribed,

(a) direct
payment to the operator of a sum equal to at least the amount determined in accordance
with subsection (5); or

(b) if
the Minister approves, contribute personal property or services that are
equivalent in value to at least the amount described in clause (a).

Amount
of contribution

(5) Subject to the regulations, the amount
mentioned in subsection (3) or (4) is,

(a) the
amount equal to 20 per cent of the net annual cost to the approved operator of
maintaining and operating the approved program, if the operator was approved on
or after April 1, 2008 under this Act or the Elderly
Persons Centres Act, as it read at the time of the approval; or

(b) the
amount equal to 20 per cent of the net annual cost to the approved operator in
the operator's 2007-2008 fiscal year of maintaining and operating the approved
program, if the operator was approved before April 1, 2008 under the Elderly Persons Centres Act, as it read at the time of
the approval.

Special
grants

9. (1) If
the Minister directs that an amount be paid to an approved operator under subsection
8 (1) towards the cost of maintaining and operating an approved program, the
Minister may, in addition, direct that an amount be paid, out of the money
appropriated for that purpose by the Legislature, on a one-time basis to the
operator towards the cost of maintaining and operating the program.

No
contributions

(2) For greater certainty, subsections 8
(3) and (4) do not apply to a payment made under subsection (1).

Repayment
of grants if approval ceases

10. If
an approved operator ceases to meet the criteria for approval set out in subsection
4 (2) or if the program that the operator operates ceases to meet the criteria
for approval set out in subsection 4 (3), the director may determine, on a
reasonable basis, what part of any payment that the operator has received under
this Act is to be repaid to the Crown.

General

Regulations

11. (1) The
Lieutenant Governor in Council may make regulations,

(a) specifying
anything that this Act describes as prescribed or specified in the regulations
or done by or in accordance with the regulations;

(b) governing
applications for approvals;

(c) setting
a percentage for the purposes of subsection 8 (5) that differs from the one set
out in that subsection;

(d) governing
how the annual cost mentioned in subsection 8 (5) is to be determined;

(e) governing
repayments described in section 10.

Scope

(2) A regulation may be general or specific
in its application to any person, place or thing or any class of them, may impose
different requirements, conditions or restrictions on or in respect of any
class and may be limited as to time and place.

Classes

(3) A class described in a regulation may
be described according to any characteristic or combination of characteristics
and may be described to include or exclude any specified member, whether or not
with the same characteristics.

Amendment to this Act

12. Subsection
8 (5) of this Act is repealed and the following substituted:

Amount
of contribution

(5) Subject to the regulations, the amount
mentioned in subsection (3) or (4) is the amount equal to 20 per cent of the
net annual cost to the approved operator of maintaining and operating the
approved program.

(2) Subsection (1) applies only if section
222 of the Not-for-Profit Corporations Act, 2010
does not come into force before subsection (1) comes into force.

Pay Equity Act

14. Clause
1 (p) under the heading "Ministry of Community and Social Services" in the Appendix
to the Schedule to the Pay Equity Act is repealed
and the following substituted:

(p) operates
a program that receives a payment under the Seniors Active
Living Centres Act, 2016;

Repeal, Commencement and Short Title

Repeal
and revocation

15. (1) The
Elderly Persons Centres Act is repealed.

(2) Regulation 314 of the Revised
Regulations of Ontario, 1990 (General) made under the Elderly
Persons Centres Act is revoked.

Commencement

16. (1) Subject
to subsection (2), the Act set out in this Schedule comes into force on a day
to be named by proclamation of the Lieutenant Governor.

(2) Sections 13 and 14 and subsection 15
(2) come into force on the day subsection 15 (1) comes into force.

Short
title

17. The
short title of the Act set out in this Schedule is the Seniors
Active Living Centres Act, 2016.

EXPLANATORY NOTE

SCHEDULE 1
Immunization of School Pupils Act

The
Immunization of School Pupils Act is amended:

1. To
require parents to complete an immunization education session before filing a statement
of conscience or religious belief.

2. To
expand the categories of persons who may provide statements regarding the administration
of immunizing agents.

3. To
require those who administer immunizing agents to provide information to the
local medical officer of health.

SCHEDULE 2
Laboratory and Specimen Collection Centre Licensing Act

A
number of amendments are made to the Laboratory and Specimen
Collection Centre Licensing Act. Among them:

1. The
two categories of "laboratory" and "specimen collection centre" are both
provided for under the new term "laboratory facility", and the licensing
provisions of the Act are amended accordingly.

2. Provision
is made for the emergency suspension of licences.

3. The
transfer of licences is provided for.

4. The
powers of inspectors under the Act are revised.

5. The
collection, use and disclosure of personal information by the Minister is
provided for.

6. Revisions
are made concerning the prosecution of offences under the Act.

The
Animals for Research Act is amended to correct a
cross-reference.

The
Health Insurance Act is amended to permit the
Minister to enter into arrangements for the payment of remuneration to health
facilities rendering insured services to insured persons on a basis other than
fee for service, in addition to physicians and practitioners.

The
Public Hospitals Act is amended to permit the
Minister to designate hospitals to provide community laboratory services.

SCHEDULE 3
Ontario Drug Benefit Act

The
Ontario Drug Benefit Act is amended to add a new
definition for a "registered nurse in the extended class". Several amendments
are made throughout the Act to accommodate prescriptions by registered nurses
in the extended class. A reference to a repealed Act is removed.

The
Act is also amended to allow regulations to incorporate other documents by
reference as they are amended from time to time after the regulation is made.

SCHEDULE
4
Regulated Health Professions Act, 1991

The
Regulated Health Professions Act, 1991 and its
Health Professions Procedural Code are amended. Among the changes:

1. The
Minister may require the Council of a health professions College to include in
its reports to the Minister personal information and personal health
information about any member of the College to the extent necessary in order to
allow the Minister to determine if the College is fulfilling its duties and
carrying out its objects or if the Minister should exercise certain of the
Minister's powers. Personal information and personal health information shall
not be included if other information will suit the purpose, and no more than is
necessary shall be included.

2. The
purposes for which the Minister may require a College to collect information
from members under section 36.1 of the Act are expanded to include health human
resources research.

3. The
Minister is given the power to make regulations respecting College committees
and panels.

4. The
matters that a College is required to note in its register are expanded.

5. For
the purposes of the sexual abuse provisions of the Code, the definition of
"patient", without restricting the ordinary meaning of the term, is expanded to
include an individual who was a member's patient within the last year or within
such longer period of time as may be prescribed, and an individual who is
determined to be a patient in accordance with the criteria set out in regulations.

6. The
Inquiries, Complaints and Reports Committee and its panels may make an order
for the interim suspension of a member's certificate of registration at any
time following the receipt of a complaint or report, instead of only when a matter
is referred for discipline or incapacity proceedings.

7. The
imposition of gender-based terms, conditions or limitations on a member's
certificate of registration is prohibited.

8. The
grounds for mandatory revocation of the certificate of registration of a member
who has sexually abused a patient are expanded, and suspension is made
mandatory in sexual abuse cases that do not involve conduct requiring mandatory
revocation.

9. Members
are required to report to the Registrar if they belong to professional bodies
outside Ontario, and if there has been a finding of professional misconduct or
incompetence against them by such a body.

10. Members
are required to report to the Registrar if they are charged with an offence,
and are required to provide information about bail conditions.

11. The
mandatory program for Colleges to provide funding for therapy and counselling
for patients who were sexually abused by members is expanded to apply to persons
who are alleged to have been sexually abused while a patient, and to provide
funding for other purposes provided for in regulations.

12. The
penalties for failing to report sexual abuse of patients are increased.

SCHEDULE 5
Seniors Active Living Centres Act, 2016

The
Elderly Persons Centres Act is repealed and
replaced with a new Act. Under the new Act, an operator that is not an individual
can obtain funding from the Minister Responsible for Seniors Affairs to
establish, maintain or operate a program if a director appointed by the
Minister approves both the operator and the program. The director approves a
program on being satisfied that its purpose is to promote active and healthy
living, social engagement and learning for persons who are primarily seniors by
providing them with activities and services.

If
the operator operates the program in a municipality, any one municipality is
required to make a contribution to the operator. If the operator operates the
program in a location that is not in a municipality, the regulations made under
the Act can prescribe what entities are required to make a contribution to the
operator.

There
is broad regulation-making power under the Act, including the power to make
regulations governing contributions.